Roshan Kumar vs The State Of Jharkhand
2024 Latest Caselaw 9603 Jhar

Jharkhand High Court

Roshan Kumar vs The State Of Jharkhand on 24 September, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (SJ) No. 829 of 2023

Roshan Kumar, S/o Dilip Singh, R/o village Gamharia, Motinagar, Adityapur,
PO and PS Adityapur, Distt. Seraikella Kharsawan        .. .. ..Appellant
                               --VERSUS--
The State of Jharkhand                                 .. .. ..Respondent
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. A.K.Choudhary, Advocate For the State : Mr. Bishwambhar Shastri, APP Fro the Informant : Mr. Manish Kumar, Advocate

08/DATED: 24-09-2024

IA No. 6911 of 2024 The present interlocutory application has been filed on behalf of the appellant for grant of bail during pendency of the criminal appeal.

The appeal arises out of judgment of conviction dated 29.9.2023 and order of sentence dated 4.10.2023 passed by learned Principal District & Sessions Judge, Seraikella Kharsawan in ST No. 62 of 2021 arsing out of Adityapur PS Case No. 01 of 2021 , GR No. 244 of 2021 whereby the court has been pleased to hold the appellant guilty for the various sections of the IPC and maximum sentence imposed is five years under section 307 IPC The learned counsel for the appellant has submitted that the appellant has remained in judicial custody from 3.1.2021 to 13.7.2021 and thereafter the appellant is in judicial custody from the date of conviction i.e. 29.9.2023, therefore, he has spent significant period in custody for about one and half years. He has further submitted that the matter has been compromised between the parties for which a supplementary affidavit has also been filed on behalf of the informant stating that he has no objection if the appellant is allowed bail.

The learned counsel for the State has opposed the prayer for bail but not denied the settlement arrived at between the parties.

Having heard the learned counsels for the parties, noted that the appellant has spent one and half years in custody and the compromise which has taken place between the parties, the appellant, named-above, is ordered to be released on bail, during pendency of the criminal appeal, on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Principal District &

Sessions Judge, Seraikella (Kharsawan) in ST case No. 62 of 2021, arsing out of Adityapur PS Case No. 01 of 2021, GR No. 244 of 2021.

Accordingly, I.A. No. 6911 of 2024 stands allowed and disposed of.

Heard.

Admit.

Put up this case as per its seriatim.

(Ratnaker Bhengra, J.) KNR