High CourtsDivision Bench(2020) 12 JH CK 0148

Jetha Kachhap vs State Of Jharkhand

Jharkhand High Court · Decided on 16 December 2020

HON’BLE JUDGES
H. C. Mishra, J · Rajesh Kumar, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal (D.B.) No. 751 Of 2019

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Judgment

14 paragraphs · 269 words

Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, praying

for bail, during the pendency of this appeal.

The appellant has been convicted and sentenced for the offences under Sections 307 and 353 of the Indian Penal Code, Section 25(1-B)(a), 26, 27, 35

of the Arms Act, Sections 3/4 of the Explosive Substance Act and Section 17 of the CLA Act.

It is apparent from the impugned Judgment that the appellant was not apprehended at the spot and nothing was recovered from him.

It is also submitted by learned counsel for the appellant upon going through the charge sheet, that the appellant is in custody since 10.9.2014 and has

served more than half of the sentence.

In the facts of the case as also taking into consideration the period of custody, we are inclined to release the appellant Jetha Kachhap, on bail.

Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, 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-VI, Ranchi, in connection

with S.T. No. 62 of 2015.

The Trial Court below is directed to issue the release order after being satisfied that the appellant has served more than half of the sentence, and if

this statement is found to be incorrect, the release order shall not be issued and the matter shall be reported to this Court.

The aforesaid interlocutory application is allowed with the direction as above.