Benjamin Tirkey @ Benjamin Morris Aged ... vs The State Of Jharkhand
2025 Latest Caselaw 2243 Jhar

Jharkhand High Court

Benjamin Tirkey @ Benjamin Morris Aged ... vs The State Of Jharkhand on 8 August, 2025

Author: Rajesh Kumar

Bench: Rajesh Kumar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (S.J.) No.262 of 2022
                                        ....

Benjamin Tirkey @ Benjamin Morris aged about 50 year son of Late Shishir Tirkey resident of:-house no 75 village Lada, P.O. & P.S.:-Nagri, Dist Ranchi .... Appellant Versus The State of Jharkhand .... Respondent ....

CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

For the Appellant : Ms. Aprajita Bhardwaj, Adv.

          For the State                       : Mr. Achinto Sen, A.P.P.
                                              ....
          22/08.08.2025
          I.A. No.4467 of 2025

1. The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

2. The present appeal has been preferred against the judgment of conviction and order of sentence dated 17.02.2022, passed by the court of learned Additional Judicial Commissioner - XVI, Ranchi in S.T. No.35 of 2017, whereby the appellant has been convicted for the offence under Sections 25(1A)/ 26(2) of the Arms Act and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/-, with default clause on each count.

3. It appears that earlier the bail application of the appellant has been rejected twice vide order dated 03.11.2022 and vide order dated 09.08.2024. It is the third attempt.

4. Learned counsel for the appellant has submitted that the appellant has remained in custody for about three years and ten months and the maximum sentence imposed upon the appellant is seven years. On this ground, prayer for suspension of sentence has been made.

5. Learned A.P.P. has opposed the prayer for bail of the appellant.

6. Considering the above facts, I am inclined to suspend the sentence and enlarge the appellant on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner - XVI, Ranchi in S.T. No.35 of 2017, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

7. However, the court below before issuing the release order will satisfy itself regarding the fact that the appellant has completed three years and ten months of the sentence. If not, then no release order will be issued rather the matter will be reported to this Court.

8. I.A. No.4467 of 2025 stands disposed of.

(Rajesh Kumar, J.) Shahid/