Nirmal Mahto vs State Of Jharkhand

This interlocutory application has been filed under Section 389 (1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail to the appellant, during the pendency of the appeal.

The appellant has been convicted for the offence under Sections 341, 420, 427 436, 448 read with Section 34 of the Indian Penal Code vide judgment dated 14.02.2020 passed by the learned Additional Sessions Judge-IV, Bermo at Tenughat, in S.T. Case No. 171 of 2016 and sentenced to undergo the maximum period of 7 years and 5 years, respectively for the offences under Sections 420 and 436 of Indian Penal Code, and to pay a fine of Rs.10,000/-.

Having heard the learned counsel for the appellant and learned A.P.P and on perusal of the materials on record, it appears that P.W.-5, the informant, has admitted that the appellant alongwith other had formed a trust, which had organized a lottery. One Guriya Parveen won the lottery prize, i.e., a Tata Nano car, but the appellant refused to give her the Nano car whereupon Guriya Parveen approached the informant, who was the Mukhiya. Then P.W.-5 confronted the appellant and a quarrel took place between them, thereafter the appellants alongwith other came and burnt the table and curtain of P.W.-5. It appears that Guriya Parveen has not been examined by the prosecution neither the prize winning lottery ticket has been produced by the prosecution.

In view of the materials on record, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned learned Additional Sessions Judge-IV, Bermo at Tenughat, in S.T. Case No. 171 of 2016, subject to the condition that he shall deposit Rs.5,000/- as part of the fine amount in the court below.

In the result I.A. No.3133 of 2020 stands allowed.