Abhinandan Rawani vs The State Of Jharkhand
2024 Latest Caselaw 9631 Jhar

Jharkhand High Court

Abhinandan Rawani vs The State Of Jharkhand on 25 September, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr.A(SJ) No. 595 of 2024

Abhinandan Rawani, aged about 28 years, son of Bisheshwar Rawani,
resident of Manjhidih, P.O. & P.S.- Pathrol, District- Deoghar, Jharkhand
                                                           .. .. ..Appellant
                                --VERSUS--
The State Of Jharkhand                                       ... ..Respondent

                            ---------

CORAM:        HONBLE MR. JUSTICE RATNAKER BHENGRA
                            ---------

   For the Appellant :        Mr. Arvind Kumar Choudhary, Adv
   For the Respondent :       Mr. Santosh Kumar Shukla, APP


02/DATED: 25-09-2024
        I.A. No. 9538 of 2024
          Heard the learned counsel for the parties.

The instant interlocutory application has been filed by the appellant for suspension of sentence and release him on bail in connection with S.T. Case No. 429 of 2023 arising out of Pathrol P.S. Case No. 43 of 2023, during the pendency of the present criminal appeal.

The appellant has filed the present criminal appeal for setting aside the judgment of conviction and order of sentence dated 20.08.2024 passe by the learned Additional Sessions Judge-1, Madhupur (Deoghar) in S.T. Cas No. 429 of 2023 arising out of Pathrol P.S. Case No. 43 2023, whereby and whereunder by the impugned judgment, the appellant has been found guilty for the offer under Section 341/34, 323/34, 325/34, 353/34 and 204. of the Indian Penal Code and thereby sentenced to undergo S.I. of 15 days for the offence under Section 341 of the Indian Penal Code, S.I. of 6 months for the offence under Section 323/34 of the Indian Penal Code, S.l. for 2 years and fine of Rs. 1,000/- (default in payment of fine, further S.I. for 15 days) for the offence under Section 325/34 of the Indian Penal Code, S.I. of 1 year for the offence under Section 353/34 of the Indian Penal Code and S.I. of 1 year for the offence under Section 204/34 of the Indian Penal Code and all the sentences shall be run concurrently.

At the very out set, the learned counsel for the appellant has submitted that the appellant has been in custody since 17.04.2023 and, therefore, he has spent one year and five months in custody out of sentence of two years and, therefore, this may be considered while considering the prayer

for suspension of sentence. It is further submitted that the learned trial Court had given the benefit of doubt to other 11 co-accused persons, who were facing trial along with the present appellant.

The learned counsel for the State, learned APP has opposed the prayer for bail of the appellant but not denied the custodial period and the benefit given by the trial Court to other 11 accused persons.

Having heard the learned counsel for the parties, having gone through the records of the case, having gone through the custodial period and in the facts and circumstances of the case, I am inclined to release the appellant, named above, on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Madhupur ( Deoghar) in S.T. Case No. 429 of 2023 arising out of Pathrol P.S. Case No. 43 of 2023.

Accordingly, I.A. No. 9538 of 2024 stands allowed and disposed of.

Heard.

Admit Call for the lower court records Put up this case in seriatim.

( Ratnaker Bhengra,J)

sharda/-