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2017 DIGILAW 1396 (JHR)

Amit @ Sonu Pandey v. State Of Jharkhand

2017-08-08

ANANT BIJAY SINGH

body2017
JUDGMENT Anant Bijay Singh, J. – I.A. No. 5726 of 2017 The present interlocutory application has been filed on behalf of the appellant praying for grant of bail after suspending the sentence during the pendency of the appeal, who have faced trial in S.T. Case No. 414 of 2010 and by judgment of conviction dated 06.07.2017 and order of sentence dated 07.07.2017 passed by Sri Shambhu Lal Shaw, learned Additional Judicial Commissioner-VI, Ranchi, whereby and where under the appellant was found guilty for the offence under section 307/353 of the I.P.C and sentenced to undergo rigorous imprisonment of 05 year and fine of Rupees 10,000/- for the offence under section 307 I.P.C and in default of payment of fine further undergo S.I of one year and the appellant was further sentenced to undergo R.I of one year for the offence under section 353 I.P.C and both the sentences were directed to run concurrently. 2. It was submitted by the counsel for the appellant that the appellant has remained in custody more than three months and the appeal of the year, 2003-04 is being heard and there is no likelihood to be heard the instant criminal appeal near future. It is further submitted that there is contradictory statement about the identity of appellant, seized vehicle and about the used and recovered arms by prosecution witnesses. 3. Learned APP has opposed the prayer for bail and submitted that witnesses have supported the case of prosecution. 4. In the facts and circumstances of the case, I hereby suspend the sentence awarded to aforesaid appellant and accordingly, above named appellant is directed to be released on bail during pendency of this instant appeal on furnishing bail bond of Rs. 10,000/-(Rupees ten thousands), with two sureties of the like amount each to the satisfaction of the court of Sri Shambhu Lal Shaw, learned Additional Judicial Commissioner-VI, Ranchi in connection with S.T. Case No. 414 of 2010 and also subject to the condition that one of the bailors must be close relative of the appellant. The appellant is directed to deposit half of the fine amount before the trial court on the date of his furnishing bail bond. 5. I.A. No.5726 of 2017 stands allowed and disposed of.