Parmeshwar Gope @ Prem Gope vs The State Of Jharkhand
2024 Latest Caselaw 762 Jhar

Jharkhand High Court

Parmeshwar Gope @ Prem Gope vs The State Of Jharkhand on 22 January, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra, Ambuj Nath

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Criminal Appellate Jurisdiction)
                    Cr. Appeal(DB) No.1086 of 2023

      Parmeshwar Gope @ Prem Gope                           ... 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 : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P.

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Order No.05/Dated: 22.01.2024 Heard learned counsel for the appellant and the learned counsel for the State in I.A. No. 10793 of 2023 filed on behalf of the appellant for suspension of sentence during the pendency of this appeal.

Learned counsel for the appellant has submitted that there is allegation of shooting with pistol against the accused persons but the appellant was not the person who has alleged to have fired the gunshot. He has stated that there was no injury on any person, who is said to have been shot at. He has also submitted that during the occurrence the accused persons who had fired the gunshot was killed by the informant's side, thereafter, all the other accused in this case including the appellant had fled away. Moreover, he submits that there was no F.I.R. lodged for against the informant's side for the person who was killed at the spot.

Learned counsel therefore submits that the firing cannot be attributed to him and he has remanded in custody since 27.03.2021 and now from the date of judgment for more than sixteen months and based on the aforesaid circumstances and period of custody, he may be allowed the privilege of suspension of sentence.

Learned A.P.P. has opposed the prayer for bail of the appellant and submitted that the allegation falls within the purview of Section 307 of the Indian Penal Code and gunshot was fired and therefore, privilege of suspension of sentence should not be allowed.

Having heard learned counsel for the appellant and after going through the lower court records and the facts and circumstances, we are inclined to release the appellant on bail. Accordingly, appellant, above named, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with

two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-IV, Gumla in connection with Sessions Trial No.181 of 2021 arising out of Gumla P.S. Case No.183 of 2020, subject to the condition that the appellant shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during the pendency of this case without prior permission of the learned court below.

I.A. No. 10793 of 2023 stands allowed and disposed of.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.) Jay-Saurabh/-