Deepak Chouhan vs The State Of Jharkhand
2024 Latest Caselaw 4851 Jhar

Jharkhand High Court

Deepak Chouhan vs The State Of Jharkhand on 3 May, 2024

Author: Ananda Sen

Bench: Ananda Sen, Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (D.B.) No. 1115 of 2016
                  1. Deepak Chouhan
                  2. Pritam Chouhan                   ...     Appellants
                                        -versus-
                  The State of Jharkhand              ...     Respondent
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                        CORAM : SRI ANANDA SEN, J.

SRI SANJAY KUMAR DWIVEDI, J.

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For the Appellant : Mr. Kaushik Sarkhel, Advocate Mr. Rahul Dev, Advocate For the Respondents : Mr. Tarun Kumar, A.P.P.

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13/ 03.05.2024 I.A. No. 1973 of 2024 By way of filing this interlocutory application, the appellant No.1, namely, Deepak Chouhan, has renewed his prayer to suspend the sentence and release him on bail during the pendency of this appeal.

2. Appellant No.1 has been convicted and sentenced in connection with Sessions Trial No.545 of 2009 arising out of Katras (Tetulmari) Police Station Case No.63 of 2009 (G.R. No.684 of 2009), wherein he has been convicted for offences under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life along with fine of Rs.5,000/- and in default of payment of fine to undergo further rigorous imprisonment for 1 year.

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

4. Learned A.P.P. for the State opposes the prayer for bail of the appellant.

5. Considering the period of custody and the fact that there is no eye witness to the occurrence as also considering that one of the convict has been released on bail, and further considering that there is no likelihood of this appeal being taken up for final disposal at an early date, as also considering that there was liberty given to the appellant No.1 to renew his prayer for bail after completion of 8 years of custody and since the appellant No.1 has already completed 8 years in custody, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant No.1, namely, Deepak Chouhan, 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 Sessions Judge VII, Dhanbad in connection with Sessions Trial No.545 of 2009, with a condition that the appellant No.1 shall

appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in every four months till the disposal of this appeal.

6. This interlocutory application is, accordingly, allowed.

(Ananda Sen, J.)

(Sanjay Kumar Dwivedi, J.) Kumar/Cp-03