Abdu Razaque vs The State of Jharkhand

D.K. Sinha, J.

(I.A. No. 20 of 2011)

Instant interlocutory application has been filed u/s 389(1) of the Code of Criminal Procedure on behalf of the sole Appellant Abdul Razaque for suspension of his sentence during pendency of this criminal appeal.

Appellant was convicted u/s 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of ten years and to pay fine of Rs. 10,000/- with default stipulation.

Mr. R.S.P. Sinha, the learned Sr. Counsel appearing on behalf of the Appellant, submits that Appellant has already deposited the fine amount.

Pointing out towards the merit of this petition, the learned Sr. Counsel submits that similarly situated other co-convicts of S.T. No. 63/1997 have been admitted to ad interim bail by a co-ordinate Bench of this Court during pendency of their separate appeals.

Learned Sr. Counsel further submits that though it was alleged that soon after the occurrence Appellant was apprehended with a bag containing Rs. 1200/-and a white pen, to which the informant claimed that these items belonged to him, however, seizure witnesses of the seizure of the bag were unfavourable to the prosecution as they turned hostile. Appellant could not be identified by the witnesses during trial but it is evident from the record that the Appellant was represented u/s 317 of the Code of Criminal Procedure and he was already waived for identification by the witnesses as he was represented through his lawyer and finally, the learned Sr. Counsel submits that parity may be given for consideration of ad interim bail of this Appellant with the other co-convicts, who have been admitted to bail by a co-ordinate Bench of this Court in Cr. Appeal (S.J.) No. 312 of 2009, Cr. Appeal (S.J.) No. 338 of 2009 and Cr. Appeal (S.J.) No. 355 of 2009.

Heard Mr. Md. Hatim, the learned A.P.P. appearing on behalf of the State.

In the facts and circumstances, considering the parity of the Appellant with the other co-convicts in S.T. No. 63/1997, the sentence of the Appellant Abdul Razaque shall remain suspended, during pendency of this appeal, on executing bail bond of Rs. 20,000/-( Twenty Thousand) with two sureties of the like amount each to the satisfaction of Addl. Judicial Commissioner, F.T.C.-VI, Ranchi in S.T. No. 63A of 1997 with the conditions that the bailers of the Appellant would be his near relatives and he would co-operate in disposal of this appeal, failing to which appropriate order shall be passed vacating his ad interim bail.

Accordingly, I.A. No. 20 of 2011 stands disposed of.