Sanjay Kumar Dwivedi, J
1. Heard the learned counsel for the appellant and the learned counsel for the respondent State.
2. This appeal is already admitted and the lower court records are on the record.
3. I.A. No. 7176 of 2024 has been filed for suspension of sentence during pendency of this appeal.
4. The learned counsel for the appellant submits that the appellant has been convicted by the judgment of conviction and order of sentence dated
18.07.2023 and 24.07.2023 respectively passed in Sessions Trial No.176 of 2016, arising out of Ramkanda P.S. Case No.11 of 2016, G.R. No.1017 of
2016, by learned Additional Sessions Judge-I, Garhwa, where by appellant has been convicted under sections 308 and 341 of the IPC and appellant
has been sentenced to undergo RI for five years along with fine of Rs.5,000/- and in default of payment of fine further three months RI under section
308 IPC and the appellant has further been sentenced to undergo SI for one month along with fine of Rs.200/- and in default thereof, three days SI
under section 341 IPC and both the sentences shall run concurrently.
5. Learned counsel for the appellant submits that the said occurrence is said to be occurred on 12.05.2016 and the FIR was registered on 15.05.2016
and there is no explanation of inordinate delay in instituting the FIR. He submits that father of the injured and the informant are serving the life
sentence for murder of his own father and for that case the appellant due to enmity he has been implicated in the present case. He further submits
that during trial the appellant remained in custody from 16.05.2020 to 16.08.2020 and after trial, he is in custody since 18.07.2023 and remained in
custody for more than 1 year and five months.
6. Learned counsel for the respondent State opposed the prayer for bail on the ground that half of the sentence has not been completed by the
appellant.
7. Considering that the appellant has remained in custody for one year and five months and there is enmity between the parties and for that the father
of the injured and the informant are serving life sentence for murder of own father and further there is delay in institution of the FIR, I am inclined to
suspend the sentence of the appellant, during pendency of this appeal.
8. Accordingly, the appellant- Jairam Bhuiyan, is, hereby, 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 learned Additional Sessions Judge-I, Garhwa, in
connection with Sessions Trial No.176 of 2016, arising out of Ramkanda P.S. Case No.11 of 2016, G.R. No.1017 of 2016.
9. I.A. No. 7176 of 2024 stands disposed of.
