High CourtsSingle Bench

Mritunjay Sharma vs State Of Jharkhand

Jharkhand High Court · Decided on 15 October 2024 · Citation: (2024) 10 JH CK 0069

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 325, 341, 448
RESULT
Allowed
CASE NUMBER
Criminal Appeal (SJ) No. 392 Of 2024
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Judgment

9 paragraphs · 425 words

Sanjay Kumar Dwivedi, J

I.A. No. 6463 of 2024

1.

Heard Mr. Md. Zaid Ahmed, learned counsel for the appellants and Mr. Satish Kumar Keshri, learned counsel for the State.

2.

This appeal has already been admitted and the Trial Court Record is on the record.

3.

I.A. No. 6463 of 2024 has been filed for grant of bail and suspension of sentence, during pendency of the present criminal appeal.

4.

Learned counsel appearing for the appellants submits that the appellants have been convicted and sentenced vide judgment of conviction and order of sentence dated 12.06.2024 and 14.06.2024 respectively in Sessions Trial No.78 of 2022, arising out of Saraiyahat P.S. Case No.118 of 2020, G.R. No.855 of 2021, passed by the learned Additional Sessions Judge-IV, Dumka and they have been sentenced to undergo S.I. for one month under Section 341/34 of IPC, they have been further sentenced to undergo R.I. for one year and fine of Rs.500/- under Section 448/34 of IPC and in default of payment of fine, they have been further directed to undergo R.I. of one month and they have also been sentenced to undergo R.I. for four years and fine of Rs.3,000/- under Section 325/34 of IPC and in default of payment of fine, they have been further directed to undergo R.I. of 3 months and all the sentences have been directed to run concurrently. He submits that the appellants are in custody from 12.06.2024 and they were all along on bail during trial. He further submits that there is land dispute between the parties and for that, the case has been registered. He also submits that there are case and counter case between the appellants and informant side.

5.

Learned counsel appearing for the State opposed the prayer on the ground that even half of the sentence has not been completed by the appellants.

6.

Considering that the appellants are in custody from 12.06.2024 and maximum sentence is awarded as four years and there is land dispute between the parties and further, there are case and counter case between them, during the pendency of the present criminal appeal, I am inclined to enlarge the above named appellants on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Dumka in connection with Sessions Trial No.78 of 2022, arising out of Saraiyahat P.S. Case No.118 of 2020, G.R. No.855 of 2021.

7.

Accordingly, I.A. No.6463 of 2024 is allowed and disposed of.