Saddam Hussain @ Md. Saddam @ Md. Saddam ... vs The State Of Jharkhand
2024 Latest Caselaw 9950 Jhar

Jharkhand High Court

Saddam Hussain @ Md. Saddam @ Md. Saddam ... vs The State Of Jharkhand on 15 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (SJ) No. 437 of 2024
          Saddam Hussain @ Md. Saddam @ Md. Saddam Hussain @ Saddam Husain,
          aged about 27 years, son of Md. Iqbal, resident of village Raja Colony, P.O,-
          G.P.O, P.S.-Lower Bazar, District-Ranchi, Jharkhand
                                                               ..... Appellant
                            Versus
      The State of Jharkhand                                   ...... Respondent
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      CORAM:          HON'BLE MR JUSTICE SANJAY KUMAR DWIVEDI, J.

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For the Appellant(s) :- Mr. Rahul Pandey, Advocate

For the State : Mr. Sudhir Kr. Mahto, A.P.P.

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I.A. No. 10504 of 2024 05/15.10.2024 Heard learned counsel for the appellant and learned counsel for the State.

2. This appeal is already admitted and Trial Court Record is on record.

3. I.A. No. 10504 of 2024 has been filed for suspension of sentence and release the appellant on bail, during the pendency of this appeal.

4. Learned counsel for the appellant submits that the appellant has been convicted by judgment dated 05.06.2024 and sentenced by order dated 12.06.2024 passed in S.T. Case No. 365 of 2018 arising out of Angara P.S. Case No. 22 of 2018 by learned Additional Sessions Judge-XV-cum-FTC (CAW) at Ranchi. He further submits that the appellant has been sentenced to undergo R.I. for seven years along with fine of Rs. 25,000/- for the offence under section 306 of I.P.C and in default the appellant was directed to undergo further one year S.I.

5. Learned counsel for the appellant submits that the appellant is the husband of the deceased and he has taken his wife to the hospital where she was declared dead. He further submits that the appellant has remained in custody for twenty months and sentence is seven years. He submits that there is nothing on record to suggest that any cruelty has been made by the appellant upon the deceased.

6. Learned counsel for the State opposes the prayer and submits that the appellant has not completed half of the sentence.

7. Considering that the appellant has taken his wife to the hospital and he has remained in custody for twenty months and there is nothing

on record to suggest that any cruelty has been made by the appellant upon the deceased, I am inclined to grant bail to the appellant. Accordingly, the above named appellant is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-XV- cum-FTC (CAW) at Ranchi, in connection with S.T. Case No. 365 of 2018 arising out of Angara P.S. Case No. 22 of 2018.

8. The aforesaid interlocutory application is allowed and disposed of.

( Sanjay Kumar Dwivedi, J) Satyarthi