Jitu Kumar Sao vs The State Of Jharkhand
2025 Latest Caselaw 3175 Jhar

Jharkhand High Court

Jitu Kumar Sao vs The State Of Jharkhand on 7 March, 2025

Author: Ananda Sen

Bench: Ananda Sen

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (S.J.) No.346 of 2023
                                     ------
        Jitu Kumar Sao, son of Sarju Sao, resident of Mauza Bartua, PO
        and PS Katkamsandi, District Hazaribag, Jharkhand
                                                    ... ... Appellant
                                    Versus
        The State of Jharkhand.                     ... ... Respondent
                                     ------
              CORAM :        SRI ANANDA SEN, J.

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        For the Appellant    : Mr. Lalan Kumar Singh, Advocate
        For the State        : Mr. Someshwar Roy, A.P.P.
                                     ------
08/ 07.03.2025

              I.A. No.1986 of 2025

This Interlocutory Application has been filed by the appellant praying therein to suspend the sentence and release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with Sessions Trial No.181 of 2017. He has been convicted for the offence under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years with fine of Rs.10,000/- 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. Prayer for suspension of sentence of the appellant was earlier rejected on 01.03.2024. The appellant is renewing his prayer after one year by submitting that there is no chance of hearing of this appeal in near future and moreover this appellant has remained in custody for nearly two and a half year which is nearly half of the sentence.

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

6. After going through the records, I find that the appellant's prayer for bail was earlier rejected on 01.03.2024 and he is in

custody for nearly two and a half years and he has been sentenced to undergo RI for five years for committing the offence under section 306 of the Indian Penal Code.

7. Considering the fact that the appellant has remained in custody for nearly two and a half year 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-VI-cum- Spl. Judge C.A.W., Hazaribag, in Sessions Trial No.181 of 2017, subject to the condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Hazaribag, once in every six months till the disposal of this Appeal.

9. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.) Tanuj Cp-2