Cibil Bhagat @ Sibil Bhagat vs The State Of Jharkhand
2024 Latest Caselaw 4915 Jhar

Jharkhand High Court

Cibil Bhagat @ Sibil Bhagat vs The State Of Jharkhand on 6 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (D.B.) No.261 of 2024

           Cibil Bhagat @ Sibil Bhagat                      ... Appellant(s).
                                   Versus
           The State of Jharkhand.                          ... Respondent(s).


           CORAM       :      SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : Md. Abdul Wahab, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P. .........

05 /06.05.2024: I.A. No.2348 of 2024 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted and sentenced under Section 304-II of IPC in connection with S.T. Case No.253 of 2019, corresponding to G.R. Case No.464 of 2019, arising out of Gurdari P.S. Case No.06 of 2019. He has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.50,000/- for the offence under Section 304-II of IPC.

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. Learned counsel for the appellant submits that the appellant has been convicted for the offence punishable under Section 304-II of IPC and has been sentenced to undergo rigorous imprisonment for ten years. He further submits that he has already in custody from 14.05.2019.

6. Considering the period of custody which is nearly half of the sentenced and there is no likelihood of this appeal being taken up in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Cibil Bhagat @ Sibil Bhagat is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum- Special Judge, Gumla, in connection with S.T. Case No.253 of 2019, corresponding to G.R. Case No.464 of 2019, arising out of Gurdari P.S. Case No.06 of 2019 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Gumla, once in every four months till the disposal of this appeal.

7. I.A. No.2348 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S./