Jharkhand High Court
Kamal Prasad @ Kamal Parsad @ Nilkamal ... vs The State Of Jharkhand on 5 March, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 480 of 2024
Kamal Prasad @ Kamal Parsad @ Nilkamal Vishwakarma @ Neelkamal
Vishwakarma, aged about 38 Years S/o Gopal Vishwakarma, Resident of
Majhitola, Near Hari Mandir, Post Adityapur, Police Station Adityapur,
District Seraikella Kharsawan --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Vikas Kumar, Advocate
For the State : Mr. Suraj Deo Munda, A.P.P.
I.A. No. 63 of 2025
05/05.03.2025 Heard learned counsel for the appellant and the learned A.P.P.
representing the State.
2. The instant interlocutory application has been filed for
suspension of sentence of the appellant by enlarging him on bail
during pendency of the instant criminal appeal, which has been
preferred against the judgment of conviction dated 15.04.2024 and
order of sentence dated 22.04.2024 passed in Sessions Trial No. 123
of 2023 arising out of R.I.T. P.S. Case No. 89 of 2022
corresponding to G.R. Case No. 693 of 2022 by the learned
Sessions Judge, Seraikella- Kharsawan whereby the appellant has
been convicted for the offence punishable under Section 307/34 &
326/34 of the I.P.C. and has been sentenced to undergo R.I. for 5
years with a fine of Rs.5000/- and a default sentence of S.I. for 6
months u/s 307/34 IPC and further R.I. for a period of 4 years with
a fine of Rs.3000/- and a default sentence of S.I. for 3 months u/s
326/34 IPC.
3. It is submitted on behalf of the appellant that maximum
sentence awarded to the appellant is 5 years and he is in custody
since 01.11.2022 and as such he has already served sentence for
about 2 years 4 months.
4. It has further been submitted that co-convict Santosh Das @
Bobai has been enlarged on bail by a co-ordinate Bench of this
Court in Cr. Appeal (SJ) No. 352 of 2024 vide order dated
24.09.2024 and therefore, it is urged on behalf of the appellant that
let the appellant be enlarged on bail by suspending his sentence
during pending of this appeal.
4. On the other hand, learned A.P.P. appearing on behalf of the
State has opposed the contentions raised by the appellant and
submitted that appellant is the main culprit who had assaulted the
injured P.W.2 and therefore, he does not deserve to be enlarged on
bail. However, learned A.P.P. did not controvert the fact that
appellant is languishing in custody since 01.11.2022.
5. Heard the parties, perused the record of the case including the
trial court record, depositions of witnesses and other exhibits.
6. In view of the persuasive submission advanced by the learned
counsel for the appellant, it is found just and proper to enlarge the
appellant on bail.
7. Accordingly, the appellant named above is directed to be
released on bail on furnishing of bail bond of Rs.25,000/- (Rupees
Twenty Five thousand) with two sureties of the like amount each to
the satisfaction of learned Sessions Judge, Seraikella Kharsawan in
connection with Sessions Trial No. 123 of 2023 arising out of R.I.T.
P.S. Case No. 89 of 2022 corresponding to G.R. Case No. 693 of 2022.
8. I.A. No. 63 of 2025 is allowed.
(Navneet Kumar, J.)
A.Mohanty
2 Cr. Appeal (SJ) No. 480 of 2024
