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2025 DIGILAW 742 (JHR)

Prakash Tirkey, S/o Late Soma Tirkey v. State of Jharkhand

2025-03-04

PRADEEP KUMAR SRIVASTAVA, SUJIT NARAYAN PRASAD

body2025
JUDGMENT : I.A. No.2508 of 2025 1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence, provisionally, in order to participate in the marriage ceremony of his younger brother. 2. Learned counsel appearing for the appellant has submitted that the present application has been filed on behalf of appellant for suspension of sentence, provisionally, so that, the appellant be allowed to release from the custody to participate in the marriage ceremony of his younger brother. 3. This matter was taken up on 03.03.2025, but the learned Additional Public Prosecutor appearing for the State had sought for adjournment to seek instruction, as would evident from the order dated03.03.2025. 4. Learned counsel for the State has submitted that she has got the instruction and the issue of marriage is said to be genuine. 5. This Court considering the submission made on behalf of the parties and based upon the statement made in the instant interlocutory application supported by the marriage card whereby it is being shown that the marriage is fixed on 6th March, 2025. 6. Learned Additional Public Prosecutor appearing for the respondent-State taking into consideration the ground for seeking suspension of sentence, provisionally, is fair enough to submit that she is having no objection. 7. This Court has heard the learned counsel for the parties and gone through the prayer made in the instant interlocutory application as also the copy of marriage card appended as Annexure-1 to the instant application. 8. Learned Additional Public Prosecutor appearing for the respondent-State is fair enough to submit taking into consideration the reason for suspension of sentence, provisionally, that she is having no objection. However, she has submitted that the present appellant may be directed to surrender forthwith after conclusion of the marriage ceremony which is scheduled to be held on 6th March, 2025. 9. This Court, considering the aforesaid fact as also the reason assigned in the instant interlocutory application, is of the view that the instant interlocutory application needs to be allowed. 10. Accordingly, interlocutory application being I.A. No.2508 of 2025 stands allowed. 11. In consequence thereof, the appellant, abovenamed, is directed to be released on provisional bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. 10. Accordingly, interlocutory application being I.A. No.2508 of 2025 stands allowed. 11. In consequence thereof, the appellant, abovenamed, is directed to be released on provisional bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I, cum- Special Judge, Gumla, in connection with Sessions Trial Case No.294 of 2017, arising out of Gumla P.S. Case No.191 of 2017. 12. The appellant is directed to surrender before the learned trial Court on or before 10th March, 2025. 13. Let supplementary affidavit be filed by the appellant along with the surrender certificate on or before the next date of hearing. 14. Let this matter be listed on 17.03.2025. 15. Let a copy of this order be sent through fax to the concerned court immediately.