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Arun Bara vs Vrs on 24 June, 2019

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1060 of 2018
Arun Bara …………Appellant
Vrs.
The State of Jharkhand ……… Respondent
…….

CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
HON’BLE MR. JUSTICE KAILASH PRASAD DEO
For the Appellant : Mr. Shekhar Prasad Sinha
For the State : Mr. Ashok Kumar No.2, A.P.P.

I.A. No. 4235 of 2019

07/24.06.2019 Heard learned counsel for the appellant and the State on the prayer for
suspension of sentence made through instant interlocutory application.

2. The sole appellant herein along with 8 others were convicted for the
charge under Section 302 / Section354 of the I.P.C read with Section 3 and 4 of
Prevention of Witch Practices Act by the impugned judgment dated
02.08.2018 passed in Sessions Trial No.345 of 2016 by the learned Court of
Additional Judicial Commissioner VII cum Special Judge, C.B.I.(AHD) cum
Special Court (CAW), Ranchi and sentenced to undergo R.I for life with a
fine of Rs.25,000/- each and a default clause for the offence punishable under
Section 302 I.P.C; R.I for 5 years with a fine of Rs.10,000/- each and a default
clause for the offence punishable under Section 354 I.P.C; R.I. for 3 months
with a fine of Rs.1000/- each and a default clause for the offence punishable
under Section 3 of the Prevention of Witch Practices Act and R.I. for 6
months with a fine of Rs.2000/- and a default clause for the offence
punishable under Section 4 of the Prevention of Witch Practices Act by the
impugned order of sentence of the same date.

3. Learned counsel for the sole appellant herein submits that there were
omnibus allegations against total number of 40 persons out of whom 9 have
been convicted. Out of those, 8 accused have preferred Criminal Appeal (DB)
No. 1107 of 2018 wherein, co-convict Romit Khalko was granted bail on
30.01.2019; co-convict Rajesh Tigga was granted bail on 14.03.2019 and the
rest 6 convicts were granted bail on 10.04.2019 after suspending their
sentence by a co-ordinate Bench of this Court. Evidence as against all these
accused persons were same and similar. The appellant in the present case is in
custody since 08.08.2015. As such, he may be enlarged on bail on grant of
privilege of suspension of sentence.

4. Learned counsel for the State opposed the prayer on merits. However,
he does not dispute the fact that the remaining 8 co-convicts have been
-2-
enlarged on bail in Criminal Appeal (DB) No. 1107 of 2018 by a co-ordinate
Bench of this Court vide orders passed on different dates as the material
evidences as against each one of them are same and similar.

5. Having considered the submission of learned counsel for the parties
and the facts and circumstances noted herein above, since out of 9 convicts, 8
of them have already been granted bail by a co-ordinate Bench of this Court
by orders noted above and the evidence against all of them appears to be same
and similar, we are inclined to enlarge the present appellant on bail on grant
of privilege of suspension of sentence during pendency of this appeal.
Accordingly, let the sole appellant named above, who is in custody since
08.08.2015, be released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the satisfaction of
learned Additional Judicial Commissioner VII cum Special Judge CBI(AHD)
cum Special Court (CAW), Ranchi in connection with Sessions Trial No. 345
of 2016 subject to the condition that he will not change his address without
prior permission from the learned Trial Court.

6. I.A. No. 4235 of 2019 stands allowed.

7. Connect Criminal Appeal (DB) No 1107 of 2018 along with instant
appeal.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.)
A.Mohanty

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