Abdul Rahim Vs State Of Jharkhand

Jharkhand High Court 28 Oct 2024 Criminal Appeal (S.J.) No. 599 Of 2024 (2024) 10 JH CK 0032
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Appeal (S.J.) No. 599 Of 2024

Hon'ble Bench

Sanjay Kumar Dwivedi, J

Advocates

Vandana Singh, Sharda Kumar

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 429

Judgement Text

Translate:

Sanjay Kumar Dwivedi, J

1. Heard learned counsels for appellants and respondent State.

2. This appeal is already admitted and Trial Court Record has been received.

3. The I.A. No. 9320 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

4. The learned counsel for the appellants submits that the appellants have been convicted to undergo RI for four years under section 429 of the IPC

along with fine of Rs.5,000/- and there are other sentences, however, direction is there that all the sentences will run concurrently and that has been

passed by the judgment dated 16.08.2024 passed by learned Additional Sessions Judge-II, Bokaro in Sessions Trial Case No.210 of 2019 [arising out

of Chandankiyari P.S. Case No.82 of 2018, G.R. No.973 of 2018].

5. The learned counsel for the appellants submits that the appellants are the auto drivers had having no criminal antecedent and they were all along on

bail during trial and now they are in custody since the date of judgment from 16.08.2024. She submits that witnesses of the seizure list have not been

examined and in spite of that the conviction has been made.

6. The learned State counsel has opposed the prayer for grant of bail on the ground that even half of the sentence has not been completed by the

appellants.

7. Considering that the appellants were all along on bail during trial and now they are in custody since the date of judgment from 16.08.2024 and

seizure list witnesses have not been examined, I am inclined to grant bail to the appellants, during pendency of this appeal.

8. Accordingly, appellants, above named, are directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.25,000/-

(Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Bokaro in

Sessions Trial Case No.210 of 2019 [arising out of Chandankiyari P.S. Case No.82 of 2018, G.R. No.973 of 2018].

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

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