Jharkhand High Court
Bana Oraon vs The State Of Jharkhand on 2 August, 2021
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.4058 of 2020
In
Criminal Appeal (S.J.) No.419 of 2020
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Bana Oraon ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Sumit Prakash, Adv.
For the State : Mrs. Lily Sahay, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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I.A. No.4058 of 202005/02.08.2021: This interlocutory application has been filed on behalf of the appellant under Section 389 (1) of the Code of Criminal Procedure, for suspension of sentence and release him on bail, during pendency of the instant appeal.
2. The appellant has been convicted for the offence under Sections 448, 376 and 379 of the Indian Penal Code vide judgment of conviction dated 17.03.2020 and order of sentence dated 18.03.2020 passed by the learned Additional Sessions Judge-I, Lohardaga in Sessions Trial No.111 of 2017 arising out of Senha P.S. Case No.36 of 1995 corresponding to G.R. No.248 of 1995, whereby the appellant has been sentenced to undergo rigorous imprisonment of one (01) year for the offence under Section 448 of the I.P.C., to undergo R.I. for 08 (eight) years with a fine of Rs.10,000/- for the offence under Section 376 of the I.P.C. and to undergo R.I. for 01 (one) years for the offence under Section 379 of the I.P.C., and in default thereof, further to undergo R.I. for six months.
3. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 19.07.2017 and has completed more than half of the sentence and there is no chance of taking up the appeal in near future. It has further been submitted that the medical evidence does not support the allegation. On the basis of above facts, the prayer for suspension of the sentence has been made.
24. Learned counsel for the State has opposed the prayer for bail.
5. In the attending facts and circumstances of the case and considering the period of custody, I am inclined to suspend the sentence of the appellant and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Lohardaga in Sessions Trial No.111 of 2017 arising out of Senha P.S. Case No.36 of 1995 corresponding to G.R. No.248 of 1995, subject to the condition that the appellant will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
6. However, the trial court is directed to satisfy itself before issuing the release order, "whether the appellant has served half of the sentence or not?" If the appellant has not served half of the sentence then the release order shall not be issued by the trial court and the matter will be reported to this Court.
7. In the result, I.A. No.4058 of 2020 is, hereby, allowed.
8. The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.
(Rajesh Kumar, J.) Amar/-