Jharkhand High Court
Ajay Kumar Soy vs The State Of Jharkhand on 10 January, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 503 of 2018
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Ajay Kumar Soy .... .... Appellant
Versus
The State of Jharkhand .... .... Respondent
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Coram: HON'BLE MR. JUSTICE RATNAKER BHENGRA
: HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant : Ms. Moushmi Chatterjee, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P
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Order No. 07 Dated- 10.01.2024
I.A. No. 7674 of 2023
Both counsels have appeared.
The instant Interlocutory Application has been filed by the appel-
lant with a prayer to release him on bail during pendency of the instant
criminal appeal.
The instant criminal appeal arises out of the judgment of conviction
and order of sentence dated 16.02.20218 and 23.02.2018 respectively,
passed by the learned District and Sessions Judge, Seraikella Kharsawan in
S.T. Case No. 230 of 2013 in connection with Kuchai P.S. Case No. 17 of
2013 corresponding to G.R. No. 514 of 2013, whereby and whereunder the
appellant has been convicted for the offence under section 302 of the IPC
and sentenced to undergo Rigorous Imprisonment for life with fine of Rs.
10,000/- and in default in making payment of fine, the convict ( appellant)
shall serve further simple imprisonment of six months.
The learned counsel for the appellant has submitted that the appel-
lant has been implicated by gotiyas in the instant case only with an inten-
tion to grab his landed property. It is further submitted that the convic-
tion of the appellant is only based on the evidence of eyewitness PW6. It is
further submitted that the appellant has already spent more than ten years
in custody and he has been in custody from 03.06.2013, therefore, that may
be considered while the considering the suspension of sentence of the ap-
pellant.
The learned counsel for the State has opposed the prayer for sus-
pension of sentence and submitted that heinous offence under section 302
IPC was committed and the evidence of PW 6 has not been credited, there-
fore, the prayer for suspension of sentence of the appellant may be rejected
Having heard both the counsels and gone through the records of the
case, the custodial period of the appellant and in the facts and circum
stances of the case, the appellant, above named, is ordered to be released
on bail, during pendency of this appeal, on executing bail bond of Rs.
25,000/- (Rupees Twenty five Thousand Only) with two sureties of the like
amount each to the satisfaction of the learned District and Sessions Judge,
Seraikella Kharsawan in S.T. Case No. 230 of 2013 in connection with
Kuchai P.S. Case No. 17 of 2013 corresponding to G.R. No. 514 of 2013, ,
subject to the condition that the appellant shall submit self-attested photo-
copy of his Aadhar Card and mobile number before the learned court be-
low which he will always keep active and will not change it during pen -
dency of the case without prior permission of the Court.
Accordingly, I.A. No. 7674 of 2023 stands disposed of.
(Ratnaker Bhengra, J.)
(Ambuj Nath, J.)
Sharda/Umesh/-
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