Babli Vishwakarma vs The State Of Jharkhand
2024 Latest Caselaw 8705 Jhar

Jharkhand High Court

Babli Vishwakarma vs The State Of Jharkhand on 2 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.2215 of 2023
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           Babli Vishwakarma, S/o Late Sonaram Vishwakarma
                                                     ... Appellant(s).
                                   Versus
           The State of Jharkhand                    ... Respondent(s).
                                   ........
           CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Ms. Tejaswi, Advocate For the State : Mrs. Amrita Kumari, A.P.P. .........

08 /02.09.2024: I.A. No.11726 of 2023

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 for the offence under Sections 302 of IPC in connection with Sessions Trial No.311 of 2014. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/- for the offence under Section 302 of IPC.

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. The appellant would complete ten years in custody on 10th of September 2024. There is allegation that this appellant has committed murder of his wife. There is no eye witness to the said occurrence, but the body was recovered from the house of this appellant with injuries.

6. Considering the period of custody, which is about ten years and this appeal is of 2023, it is not possible to take-up this appeal, bypassing the other appeals, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Babli Vishwakarma 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, Bermo at Tenughat in connection with Sessions Trial No.311 of 2014 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Bermo at Tenughat, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.11726 of 2023 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.