High CourtsSingle Bench

Disco Marandi vs State Of Jharkhand

Jharkhand High Court · Decided on 16 October 2024 · Citation: (2024) 10 JH CK 0061

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 304II
RESULT
Allowed
CASE NUMBER
Criminal Appeal (S.J.) No. 614 Of 2024
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Judgment

11 paragraphs · 238 words

Sanjay Kumar Dwivedi, J

1.

Admit.

2.

Call for the Trial Court Records.

3.

The I.A. No. 5299 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

4.

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

5.

The learned counsel for the appellant submits that the appellant has been convicted under section 304 (part-II) IPC and sentenced for seven years RI in connection with S.T.No.121 of 2019, arising out of Hansdiha P.S.Case No.19 of 2019 vide judgment dated 15.03.2024 and order of sentence dated 21.03.2024.

6.

The learned counsel for the appellant submits that the appellant has remained in custody for five years seven months which is disclosed in paragraph-6 of the I.A.

7.

The learned State counsel is not disputing the period of custody.

8.

Considering that maximum sentence is seven years and the appellant has remained in custody for five years seven months, the prayer made in the I.A is allowed.

9.

Accordingly, appellant, above named, 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 Sessions Judge, Dumka in S.T.No.121 of 2019, arising out of Hansdiha P.S.Case No.19 of 2019.

10.

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