Md. Sohrab vs The State Of Jharkhand
2025 Latest Caselaw 1255 Jhar

Jharkhand High Court

Md. Sohrab vs The State Of Jharkhand on 30 July, 2025

Author: Ananda Sen

Bench: Ananda Sen

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (D.B.) No.673 of 2017
                                      -----
            Md. Sohrab, S/o Late Ishrar, R/o Village- Manjhiladih, P.O. & P.S.-
            Gandey, District- Giridih
                                                       ... Appellant(s).
                                      Versus
            The State of Jharkhand                     ... Respondent(s).
                                      ........
            CORAM        :     SRI ANANDA SEN, J.

SRI ARUN KUMAR RAI, J.

------

For the Appellant(s) : Mr. Arwind Kumar, Advocate For the State : Ms. Nehala Sharmin, Spl. P.P. .........

17 /30.07.2025: I.A. No.5821 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 appellant has been convicted for the offence under Sections 147/148/341 r/w 149, 323/149 and 302/149 of IPC. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.4,000/- for the offence under Section 302/149 of IPC along with other sentences.

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 prayer for suspension of sentence of this appellant was earlier rejected. The appellant has now renewed his prayer on the ground that he is in custody since 04.06.2013 and there is no likelihood of this appeal being heard in near future. He submits that though the appeal was taken up for hearing and was heard in part, but thereafter, the matter was not taken up by the Bench who had heard the matter on part. Thus, there is no possibility of this appeal being heard now. He lastly submits that except this appellant, other co-accused have already been released on bail.

5. Learned counsel for the State to oppose the prayer for bail and submits that there is grave and serious allegation against this petitioner. She submits that appellant is involved in the murder of two persons. After a well-planned conspiracy, the deceased was done to death and this appellant tried to give the same a colour of motor vehicle accident.

6. After hearing the parties, we find that admittedly, the appellant is in custody from 04.06.2013. The record shows that this appeal is not likely to be heard in near future. The State also cannot deny the fact that other co-appellant has already been released on bail after suspending their sentence.

7. Considering the aforesaid fact and materials, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Md. Sohrab is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.20,000/- (Rs. Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-VI, Giridih in connection with Session Trial No.296 of 2013/ S.T. No.296 of 2013(B) arising out of Ganday P.S. Case No.29 of 2013, G.R. No.1086 of 2013 with a condition that one of the bailor should be local person and another should be his relative and at least one of them should have immovable property on his/her own name, further till disposal of this appeal, the appellant will mark his attendance once in four month before the Judge-in-Charge, Giridih.

8. Accordingly, I.A. No.5821 of 2025 stands allowed.

9. I.A. No.4800 of 2021 is not pressed by learned counsel for the appellant, and the same is dismissed, as such.

(ANANDA SEN, J.)

(ARUN KUMAR RAI, J.) R.S.