Savitri Devi vs The State Of Jharkhand
2025 Latest Caselaw 2475 Jhar

Jharkhand High Court

Savitri Devi vs The State Of Jharkhand on 7 February, 2025

Author: Ananda Sen

Bench: Ananda Sen

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (S.J.) No.491 of 2023
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        Savitri Devi.                               ... ... Appellant
                                   Versus
        The State of Jharkhand.                  ... ... Respondent
                                   ------
              CORAM :        SRI ANANDA SEN, J.

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For the Appellant : Mr. Hemant Kumar Shikarwar, Advocate For the State : Mr. Gautam Rakesh, A.P.P.

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07/ 07.02.2025

I.A. No.1201 of 2025

This Interlocutory Application has been filed by the

appellant praying therein to suspend the sentence and release

her on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in

connection with Sessions Trial No.26 of 2022. She has been

convicted for the offence under Section 304 of the Indian Penal

Code and sentenced to undergo rigorous imprisonment for 07

years with fine of Rs.50,000/- for the said offence.

3. Heard, learned counsel for the appellant and learned

A.P.P. for the State and have gone through the impugned

judgment, the evidence and the Trial Court Records.

4. The appellant renews her prayer to release her on bail

after suspending the sentence. Earlier, the prayer of the

appellant for suspension of sentence was rejected on merits by

this Court by a reasoned order dated 23.02.2024.

5. Now, learned counsel representing the appellant

submits that there is no chance of hearing of this appeal in near

future and the appellant being a lady is languishing in custody

since 21.10.2021 and now has remained in custody for 3 years

4 months out of 07 years of sentence.

6. Opportunity was given to the State to oppose the bail,

which the State availed and opposed.

7. Considering the fact that the appellant has remained

in custody for 3 years 4 months and also the fact that it is not

possible to hear this appeal in near future, I am inclined to

release this appellant on bail.

8. Accordingly, upon suspending the sentence, the

appellant is directed to be released on bail during the pendency

of this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees

Ten Thousand) with two sureties of the like amount each to the

satisfaction of the learned Additional Sessions Judge-I,

Madhupur, in Sessions Trial No.26 of 2022, subject to the

condition that one of the bailor must be the close relative of the

appellant who will have sufficient landed property in his/her own

name and another bailer should be the local resident, with a

further condition that the appellant shall appear and mark her

attendance before the Registrar, Civil Court, Madhupur, once in

every six months till the disposal of this Appeal.

9. This interlocutory application is, accordingly,

allowed.

(ANANDA SEN, J.) Prashant Cp-02