Robert Ekka vs The State Of Jharkhand
2024 Latest Caselaw 10269 Jhar

Jharkhand High Court

Robert Ekka vs The State Of Jharkhand on 23 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 651 of 2023
            Robert Ekka, aged about 60 years, son of Late Antonis Ekka, resident of
            Village- Tongo, P.O. & P.S. Chainpur, Dist. Gumla ... Appellant
                                         -Versus-
            The State of Jharkhand                            ... Respondent
                                          -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Appellant       : Ms. Omiya Anusha, Advocate
            For the State           : Mrs. Anuradha Sahay, A.P.P.
                                          -----

06/23.10.2024     I.A. No. 8647 of 2023

Heard Ms. Omiya Anusha, learned counsel for the appellant and

Mrs. Anuradha Sahay, learned counsel for the State.

2. This appeal has already been admitted and the Trial Court Record has

been received.

3. I.A. No. 8647 of 2023 has been filed for grant of bail and suspension

of sentence to the appellant, during pendency of the present criminal

appeal.

4. Learned counsel appearing for the appellant submits that the

appellant has been convicted and sentenced vide judgment of conviction

and order of sentence dated 10.05.2023 and 19.05.2023 respectively in

Sessions Trial Case No.449/1987, arising out of Dumri P.S. Case No.21/1986

passed by the learned Additional Sessions Judge-I cum Special Judge,

Gumla, whereby, he has been sentenced to undergo R.I. for three years

with fine of Rs.5,000/- for the offence under Section 394 of IPC and in

default of payment of fine, he has been further directed to undergo R.I. of

three months. She further submits that the appellant is aged about 60 years

-1- Cr. Appeal (SJ) No. 651 of 2023 and he is in custody since 14.11.2022 and he has almost completed two

years of sentence. By way of drawing attention of the Court to the

judgment of the learned Court, she submits that the appellant is suffering

from paralysis w.e.f. 1990.

5. Learned counsel appearing for the State opposed the prayer, however,

she is not objecting that the appellant is suffering from paralysis.

6. Considering that the appellant has remained in custody since

14.11.2022 and the sentence is of three years and he has almost completed

two years of the sentence and he is suffering from paralysis since 1990,

which has come in the judgment of the learned Court, during the pendency

of the present criminal appeal, I am inclined to enlarge the above named

appellant on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty

Five 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 Sessions Trial Case No.449/1987, arising out of Dumri P.S.

Case No.21/1986.

7. Accordingly, I.A. No.8647 of 2023 is disposed of.

                                                    (Sanjay Kumar Dwivedi, J.)
Ajay/




                                            -2-                    Cr. Appeal (SJ) No. 651 of 2023