Mara Pahan vs The State Of Jharkhand
2024 Latest Caselaw 4977 Jhar

Jharkhand High Court

Mara Pahan vs The State Of Jharkhand on 7 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Criminal Appeal (D.B.) No.37 of 2024
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              Mara Pahan, aged about 30 years, son of Budhan Pahan,
              resident of Village Lebed, Domgarh, P.O. & P.S. Arki, District
              Khunti.                                       ... ... Appellant.
                                          Versus
              The State of Jharkhand.                    ... ... Respondent.
                                           -----

                     CORAM       : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

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For the Appellant(s) : Ms. Amrita Sinha, Advocate.

              For the State            : Mr. Bhola Nath Ojha, A.P.P.
                                               -----

04/ 07.05.2024                          I.A. No.927 of 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 for offences

under Section 364 of the IPC in connection with S.T. Case No.136 of

2015. He has been sentenced to undergo rigorous imprisonment for ten

years and to pay a fine of Rs.10,000/- and in default of payment of fine,

he will undergo rigorous imprisonment for further period of three years.

3. Heard, 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 going through the records, we find that out of ten years, the

appellant is in custody since 9 years and 5 months. The aforesaid fact

has also been admitted by learned A.P.P. for the State, who has

received custody report from the concerned officer.

6. Considering the period of custody, 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

Sessions Judge-II, Khunti, District Khunti, in S.T. Case No.136 of 2015

subject to the condition that one of the bailor must be the close relative

of the appellant who will have sufficient landed property in his own name

and another bailer should be the local resident with a further condition

that the appellant shall appear and mark his attendance before the

Registrar, Civil Court, Khunti, once in every four months till the disposal

of this Appeal.

8. The I.A. No.927 of 2024 is accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Prashant/Cp-03.