Jharkhand High Court
Amristan Xaxa vs The State Of Jharkhand on 19 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 884 of 2024
Amristan Xaxa, son of Sri Abraham Xaxa, resident of village- Bahertoli,
P.O and P.S. Mahuwadam, District- Latehar, Jharkhand ... Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
With
Criminal Appeal (D.B.) No. 173 of 2019
Devid Panna @ David Panna .. Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
With
Criminal Appeal (D.B.) No. 105 of 2020
Nathaniel Lugun ... Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
With
Criminal Appeal (D.B.) No. 915 of 2024
Soma Lugun ... Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
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CORAM : SRI ANANDA SEN, J.
: SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr.Soumitra Baroi, Advocate (Cr.A.884 of 2024)
M/s P.K. Mukhopadhyay and D. Kr.
Prasad (Cr.A.105 of 2020).
For the State : Mr. Vishwanath Roy, A.P.P.
Mr. Satish Prasad, A.P.P.
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I.A. No. 9062 of 2024 in Cr.A.(DB) No. 884 of 2024
06/19.09.2024: This interlocutory application has been filed by the appellant,
namely, Amristan Xaxa, praying therein to suspend the sentence and release
him on bail during the pendency of this appeal.
2. The appellant has been been convicted in connection with S.T.
No. 305 of 2014/ 25 of 2015 for the offence under Section(s) 376(D), 323/34,
341/34 of the Indian Penal Code. He has been sentenced to undergo rigorous
imprisonment for 20 years and fine of Rs.10,000/- under Section 376 (D) of
the Indian Penal Code and other sentence for the other offence.
3 Heard the learned counsel for the appellant and learned A.P.P
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 hearing the parties and going through the deposition of the
witnesses, we find that admittedly the appellant is in custody since 30.08.2014
i.e. more than ten years, whereas the sentence is for a period of twenty years.
6. Considering the fact that the appellant has remained half of the
sentence in custody, we are inclined to allow this interlocutory application.
Accordingly, upon suspending the sentence, the appellant, namely, Amristan
Xaxa, is directed to be released on bail, during the pendency of this appeal, on
furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Addl. Sessions Judge-II,
Latehar in connection with S.T. No. 305 of 2014/ 25 of 2015 with a condition
that the appellant shall appear and mark his attendance before the Registrar,
Civil Court, Latehar, once in every four months till the disposal of this appeal.
7. Accordingly, this interlocutory application stands allowed.
8. Detach Cr.A.(DB) No. 884 of 2024 with Cr.A.(DB) No. 173 of 2019
from Cr.A.(DB) No. 105 of 2020 with Cr.A.(DB) No. 915 of 2024.
I.A. No. 6706 of 2024 in Cr.A.(DB) No. 915 of 2024
Counsel for the appellant submits that exactly on the similar
footing, after considering deposition of P.W. 3, a Co-ordinate Bench of this
Court has granted bail to Nathaniel Lugun in Cr.A.(DB) No. 105 of 2020.
In that view, list this interlocutory application before the same
Bench.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Anu/-Cp-3
