Bhushan Singh vs The State Of Jharkhand
2024 Latest Caselaw 5592 Jhar

Jharkhand High Court

Bhushan Singh vs The State Of Jharkhand on 11 June, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.298 of 2024
                                             -------
            Bhushan Singh, son of Late Mahavir Singh, resident of Village Chainpur,
            Konaslata, P.O. + P.S. Palkot, District Gumla, Jharkhand.
                                                                      ... ... Appellant
                                                Versus
            The State of Jharkhand.                                 ... ... Respondent
                                            ------

                   CORAM       : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

------

For the Appellant(s) : Mr. Raj Kishore Sahu, Advocate.

            For the State          : Mr. Vineet Kumar Vashistha, A.P.P.
            For informant          : Mr. Rahul Pandey, Advocate
                                            ------

07/ 11.06.2024 : This Interlocutory Application has been filed by the appellant praying

therein to suspend the sentence and release him on bail during pendency of this

appeal.

2. The appellant has been convicted and sentenced in connection with S.T.

No.620 of 2015 (arising out of Bariatu P.S. Case No.312/2015, G.R.

No.4404/2015), for the offences under Sections 302, 120B/34 of IPC and Sections

25(1-b)(a), 26, 27 and 35 of the Arms Act. He has been convicted under Sections

302/34 & 120B of IPC and sentenced to undergo rigorous life imprisonment with

fine of Rs.20,000/- along with other sentences for other offences.

3. Heard, learned counsel for the appellant and learned A.P.P. for the State,

learned counsel for the informant and have gone through the impugned judgment,

the evidence and the Trial Court Records.

4. Opportunity was given to the State and learned counsel for the informant to

oppose the bail, which they availed and opposed.

5. Admittedly, this appellant is not named in the F.I.R., nor he has been

identified in the Court by the informant who is the eye witness in the occurrence,

neither any incriminating article has been recovered from the possession of this

petitioner. Only on the basis of confessional statement of co-accused who

suggested that this appellant is also involved in the occurrence, the appellant has

been convicted.

6. Considering the nature of evidence against this appellant, we are inclined to

release the appellant on bail.

7. Accordingly, upon suspending the sentence, the appellant is directed to be

released on bail during the pendency of this appeal, on furnishing bail bonds of

Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

the satisfaction of the Additional Judicial Commissioner-XVI, Ranchi, in S.T.

No.620 of 2015 (arising out of Bariatu P.S. Case No.312/2015, G.R. No.4404/2015)

with a condition that the appellant shall appear and mark his attendance before

the Registrar, Civil Court, Ranchi, once in every four months till the disposal of this

Appeal.

8. The I.A. No.3322 of 2024 is accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Prashant./Cp3