Jharkhand High Court
Saif Ali @ Raja @ Md. Saip Ali vs The State Of Jharkhand on 7 May, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.836 of 2022
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Saif Ali @ Raja @ Md. Saip Ali .... .... Appellant(s)
Versus
The State of Jharkhand .... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant(s) : Mr. Asif Khan, Adv.
For the State : Mr. Shiv Shankar Kumar, A.P.P.
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th
09/Dated: 07 May, 2025
I.A. No.4161 of 2025
1. The instant interlocutory application has been filed under Section 430 of the
BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of
conviction dated 24.02.2022 and order of sentence dated 05.03.2022 passed by the
learned Additional Sessions Judge-II, Seraikella-Kharsawan in connection with
Sessions Trial No.13 of 2021 arising out of Nimdih P.S. Case No.46 of 2019,
whereby and whereunder, the appellant has been convicted for the offence under
Sections 395 & 397 of the Indian Penal Code and sentenced to undergo rigorous
imprisonment for ten years and to pay a fine of Rs.15,000/- and in default of payment
of fine further to undergo imprisonment of one and half years.
2. Learned counsel for the appellant has submitted that against the maximum
sentence i.e. of ten years, the appellant has already completed half of the sentence,
therefore, the prayer for suspension of sentence has been renewed after rejection of
such prayer vide order dated 10.04.2024 passed in I.A. No.6684 of 2023 by the co-
ordinate Bench of this Court.
3. Learned counsel for the State has made an opposition, so far as merit of the
case is concerned. However, he has admitted the fact that the appellant has completed
half of the sentence.
4. Considering the fact that this appellant against the maximum sentence of ten
years has already completed more than half of the sentence, this Court is of the view
that the prayer made in the instant interlocutory application needs to be allowed.
5. Accordingly, the instant interlocutory application being I.A. No.4161 of
2025 stands allowed and disposed of.
6. In consequence thereof, the appellant, named above, is directed to be
released on bail, during pendency of the appeal, on furnishing bail bond of
Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-II, Seraikella-
Kharsawan in connection with Sessions Trial No.13 of 2021 arising out of Nimdih
P.S. Case No.46 of 2019.
7. It is made clear that any observation made hereinabove will not prejudice the
case on merit, since, the criminal appeal is lying pending before this Court for its
consideration.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Amar-Shahid/-
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