Irshad Khan @ Sonu Khan vs The State Of Jharkhand
2025 Latest Caselaw 1516 Jhar

Jharkhand High Court

Irshad Khan @ Sonu Khan vs The State Of Jharkhand on 4 August, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (D.B.) No. 1949 of 2023
                                 -----
           Irshad Khan @ Sonu Khan, S/o Iihaque Khan, R/o Village Kundi, P.O.
           and P.S. Rehla, District Palamau, Jharkhand
                                                     ... 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) : Mr. Ashok Kumar, Advocate For the State : Ms. Shweta Singh, AddI. P.P. For the Informant : Mr. Syed Tafazzul Sajid, Advocate .........

07 /04.08.2025: I.A. No.7206 of 2025 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 interlocutory application for suspension of sentence of this appellant was earlier dismissed on 05.09.2024.

3. The appellant has been convicted and sentenced in connection with Session Trial No.91 of 2021, for offence under Sections 304B/ 34 of IPC. He has been sentenced to undergo rigorous imprisonment for 10 years for the offence under Section 304B/34 of IPC.

4. Heard, the learned counsel for the appellant, learned A.P.P. for the State and learned counsel for the informant and have gone through the impugned judgment, the evidence and the Trial Court Records.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. The only ground taken by learned counsel for the petitioner is that the petitioner has served more than half of the sentence. He produces the judgment of the Hon'ble Supreme Court in the case of Sonadhar vs. The State of Chhattisgarh, reported in 2021 SCC Online SC 3182 and Saudan Singh vs. State of Uttar Pradesh, reported in 2021 SCC Online SC 3259 wherein it has been held that if half of the sentence has been served by the appellant, it can be a factor for consideration of his prayer for suspension of sentence and release him on bail during the pendency of this appeal.

7. Considering the aforesaid judgment, since the appellant has remained in custody for more than half sentence, upon suspending the sentence, the appellant, named above 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 Session Judge-V, Palamau at Daltonganj, in connection with Session Trial No.91 of 2021, with a condition that one of the bailers must be a close relative of the appellant and with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Palamau at Daltonganj once in every three months till the disposal of this appeal.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

R.S.