Amit Choudhary @ Amit Kumar Choudhary vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

This appeal has already been admitted and the L.C.R is on the record.

The I.A. No. 10555 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

Heard the learned counsel for the appellant, the learned counsel for the respondent State and the learned counsel for the informant.

The learned counsel for the appellant submits that the appellant has been convicted by judgment dated 29.07.2024 and order of sentence dated 31.07.2024 passed by learned Additional Sessions Judge-II, Sahibganj in Sessions Trial Case No.229 of 2014 for the offence under section 148, 341/149, 324/149 and 326/149 IPC and section 27 of Arms Act, and sentenced to undergo RI for 3 years and fine of Rs.2000/- under section 148 of IPC and in default thereof further to undergo SI for 3 months, RI for 6 years and fine of Rs.10,000/- under section 27 of Arms Act and in default thereof to undergo SI for 6 months, RI for 3 years and fine of Rs.2000/- under section 324/149 and in in default thereof SI for 3 months, RI for 6 years and fine of Rs.10,000/- under section 326/149 IPC and in default of payment of fine SI for six months.

The learned counsel for the appellant submits that PW-3 who is injured stated that Ramu Mandal fired on the neck of his brother due to which he got injured and fell down and his brother Ram Lal Mandal tried to caught Ramu Mandal then at that time Rohit Pal and Ranjeet Ram caught him from behind and Amit Choudhary hit from the butt of the pistol on his head and due to which his brother sustained injury and fell down. He submits that PW-3 has stated that this appellant has inflicted injury by way of assault by butt of the revolver. He further submits that appellant was on bail during pendency of the trial and he has remained in custody for 1 year 1 month and about 20 days.

The learned State counsel has opposed the prayer for grant of bail on the ground that even half of the sentence has not been completed by the appellant.

Learned counsel for the informant submits that the appellant has fired however the fire was not taken place due to fault in the revolver and he has assaulted by butt of the revolver. He submits that witnesses have supported the case and the appellant is having criminal antecedent.

Considering that PW-3 has stated that his brother has received injury due to fire by Ramu Mandal and the allegation against the appellant is of hitting by butt of the revolver and doctor has opined simple injury on the head and the appellant has remained in custody for 1 year 1 month and about 20 days, I am inclined to grant bail to the appellant, during pendency of this appeal.

Accordingly, the appellant, namely, Amit Choudhary @ Amit Kumar Choudhary, is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Sahibganj in Sessions Trial Case No.229 of 2014.

Instant I.A meant for grant of bail is allowed and disposed of.