Umesh Kumar Aged 40 Years Son Of Late ... vs The State Of Jharkhand
2024 Latest Caselaw 9843 Jhar

Jharkhand High Court

Umesh Kumar Aged 40 Years Son Of Late ... vs The State Of Jharkhand on 3 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No.134 of 2024

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Umesh Kumar aged 40 years son of late Rameshwar Prasad resident of Village Tapsa PO and PS Simaria District Chatra.... Appellant(s)

-- Versus --

          The State of Jharkhand                         .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Binod Kumar Dubey, Advocate For the State :- Mr. Pankaj Kumar Mishra, Advocate

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4/03.10.2024 Heard the learned counsel for the appellant and the learned counsel for

the respondent State.

2. I.A. No. 4435 of 2024 has been filed for suspension of sentence during

pendency of the appeal.

3. Learned counsel for the appellant submits that appellant has been

convicted by the judgment of conviction and order of sentence dated 7.2.2024

and 16.02.2024 respectively passed by learned District and Additional Sessions

Judge-I Chatra in Sessions Trial Case No.53 of 2022 arising out of Chatra,

Simaria PS Case No.150 of 2021 and sentenced to undergo RI for 3 years along

with fine of Rs.5000/- under section 414 IPC and other sentences has been

provided under different sections and the sentences are directed to run

concurrently.

4. He submits that the appellant is in custody from 19.11.2022 to

26.02.2022 and thereafter he was enlarge on bail and he was never misused

the privilege of bail and after conviction he is in custody since 07.02.2022. He

further submits that the arms have not been recovered from the possession of

the appellant and in view of the confessional statement the name of the

appellant has come and further he submits that the appellant has no criminal

antecedent.

5. Learned counsel for the appellant submits that even half of the sentence

has not been completed by the appellant and in view of that I.A. may kindly be

rejected.

6. Considering that in view of the confessional statement the name of the

appellant has come and the arms which was recovered, the same has been

recovered from the forest and the appellant is in custody from 19.11.2022 to

26.02.2022 and he was on bail during the trial and he was further taken into

custody on 07.02.2022, I am inclined to grant bail to the appellant.

7. Accordingly, the appellant- Umesh Kumar, is, hereby, directed to be

released on bail, during pendency of this appeal, on furnishing bail bond of

Rs.25,000/- (twenty five thousand) with two sureties of the like amount each,

to the satisfaction of learned District and Additional Sessions Judge-I Chatra in

Sessions Trial Case No.53 of 2022 arising out of Chatra, Simaria PS Case No.150

of 2021.

8. The instant I.A. meant for grant of bail stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/