Sanjay Vishwakarma & Others vs The State Of Jharkhand & Another
2024 Latest Caselaw 2580 Jhar

Jharkhand High Court

Sanjay Vishwakarma & Others vs The State Of Jharkhand & Another on 1 March, 2024

Author: Ananda Sen

Bench: Ananda Sen

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (S.J.) No. 146 of 2023
                                           ----
                   Sanjay Vishwakarma & Others         ...     Appellants
                                        -versus-
                   The State of Jharkhand & Another    ...     Respondents
                                           ----

                           CORAM : SRI ANANDA SEN, J.

----

For the Appellants : Mr. Shekhar Prasad Sinha, Advocate For the Respondents : Mr. Bishambhar Shastri, A.P.P.

----

08/ 01.03.2024 I.A. No.5810 of 2023 Heard learned counsel for the appellants and learned counsel for the State.

2. This interlocutory application has been filed on behalf of the appellant No.1, Sanjay Vishwakarma to suspend the sentence of the appellant and release him on bail during the pendency of this appeal.

3. Appellant No.1 has been convicted and sentenced in connection with Sessions Trial No.204 of 2018 arising out of Sudamdih Police Station Case No.12 of 2018 (G.r. No.430 of 2018) for offences under Sections 323/34, 325/34 and 498A/34 of the Indian Penal Code. He has been sentenced to undergo Rigorous Imprisonment for 06 months and fine of Rs.500/- for conviction under Sections 323/34 of the Indian Penal Code and in default of payment of fine further to undergo simple imprisonment for 15 days and for 04 years and fine of Rs.10,000/- for conviction under Section 325/34 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for four months and to undergo rigorous imprisonment for 02 years with fine of Rs.2,000/- and in default of payment of fine to further undergo simple imprisonment for 2 months for conviction under Section 498A/34 of the Indian Penal Code.

4. This appeal has already been admitted vide order dated 6th October, 2023. Appellant No.1 is the husband. He has been on bail during the part of the trial and remained in custody for more than one year after the judgment of conviction has been delivered.

5. Considering the period of custody and the fact that this appeal cannot be taken up for final hearing in near future, I am inclined to suspend the sentence and release the appellant on bail during pendency of this appeal. Keeping the sentence under suspension, appellant, namely, Sanjay Vishwakarma, is, accordingly, directed to be released on bail on furnishing bail

bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Dhanbad in connection with Sessions Trial No.204 of 2018 arising out of Sudamdih Police Station Case No.12 of 2018 (G.R. No.430 of 2018) with a condition that one of the bailers must be a close relative of the appellant and with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in every four months till the final disposal of this appeal.

6. This interlocutory application is, accordingly, allowed.

(Ananda Sen, J.) Kumar/Cp-03