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Judgment
7 paragraphs · 249 wordsI.A. No.5893 of 2021
Heard the learned counsel for the appellant, the learned counsel for the State and the learned counsel appearing on behalf of the victim.
By way of filing this interlocutory application the appellant has renewed his prayer to release the appellant on bail after suspending the sentence as he has been sentenced for the offence under section 376 of the Indian Penal Code.
The learned counsel for the appellant submits that the appellant was on bail during trial. He submits that now he is in custody from 05.09.2018 i.e. the date of the judgment. He further submits that the appellant was in custody for four months during the trial.
The learned A.P.P. opposes the prayer for bail.
Considering the fact that the appellant was on bail during the trial, we are inclined to release this appellant on bail after suspending the sentence, during pendency of this appeal. The sentence against the appellant namely, Heera Bauri @ Taru Pado Bauri, is suspended and he is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District and Sessions Judge-III, Dhanbad in connection with Sessions Trial No.153 of 2017, subject to the condition that he will appear and mark his attendance once in every four months before the Registrar, Civil Court, Dhanbad till the disposal of this appeal.
Accordingly, this interlocutory application stands allowed.