Pradip Sahu @ Pradip Sah vs The State Of Jharkhand
2024 Latest Caselaw 4839 Jhar

Jharkhand High Court

Pradip Sahu @ Pradip Sah vs The State Of Jharkhand on 3 May, 2024

Author: Sanjay Kumar Dwivedi

Bench: Ananda Sen, Sanjay Kumar Dwivedi

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (DB) No. 590 of 2018
      Pradip Sahu @ Pradip Sah                           ..... Appellant
                           Versus
      The State of Jharkhand                                     ...... Respondent
                                            ----
      CORAM:         SRI ANANDA SEN, J.

SRI SANJAY KUMAR DWIVEDI, J.

---

For the Appellant(s) :- Mr. R.S. Mazumdar, Sr. Advocate For the State :- A.P.P.

----

I.A. No. 1951 of 2023.

11/03.05.2024 By way of filing this interlocutory application, the appellant has renewed his prayer 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. 361/2010 arising out of Mcluskigunj P.S. Case No. 07/2010 corresponding to G.R. No. 703 of 2010, for the offence under Section(s) 498-A and 302 of the Indian Penal Code. He has been sentenced to undergo imprisonment for life and fine of Rs. 20,000/- for the offence under Section 302 IPC and other sentence for the other offence.

3. Heard the learned counsel for the appellant and learned A.P.P for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. After hearing the parties and going through the record and evidences, we find that informant has turned hostile. It is alleged that dying declaration is part of F.I.R which does not bear the certificate of doctor which would suggest that she was not in a fit state of mind. The doctor opined that whole body was burnt except front of abdomen, front of chest below breast.

6. Considering the aforesaid facts and also considering that the appellant has remained in custody for more than eight and half years and the fardeyan is based of dying declaration and there is no likelihood of this appeal being taken up for final hearing in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, above named is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Judicial Commissioner-VI, Ranchi, in connection with Sessions Trial No. 361 of 2010 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.

7. This interlocutory application is allowed.

(Ananda Sen, J.)

( Sanjay Kumar Dwivedi, J) Satyarthi