JHARKHAND HIGH COURT ISSUES ORDER ON KAMAL MODI V/S THE STATE OF JHARKHAND

RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:

1. This Interlocutory Application has been filed for suspension of sentence against the judgment of sentence dated 31.08.2023 passed by the learned District and Additional Sessions Judge-III, Koderma in connection with Sessions Trial No. 150 of 2021, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for 10 years with fine Rs.25,000/- for the offence u/s 307 IPC and in default of payment of fine, he has further been directed to undergo S.I. for 01 year. The appellant has further been sentenced to undergo R.I. for 03 years with fine Rs.10,000/- for the offence u/s 324 IPC and in default of payment of fine,he has further been directed to undergo S.I. for 06 months. The appellant has further been sentenced to undergo S.I. for 01 year with fine Rs.1,000/- for the offence u/s 323 IPC and in default of payment of fine, he has further been directed to undergo S.I. for 03 months. The appellant has further been directed to undergo S.I. for 01 year with fine Rs.1,000/- for the offence u/s 506 IPC and in default of payment of fine, he has further been directed to undergo S.I. for 03 months. The appellant has further been sentenced to undergo S.I. for 01 month for the offence u/s 341 IPC. All the sentences have been directed to run concurrently

2. It has been contended on behalf of the appellant that the present Interlocutory Application is the third in series, since, two earlier interlocutory applications filed under Section 389(1) of the Cr. P.C. have been withdrawn being not pressed.

3. The contention has been made that the reason for filing the present Interlocutory Application is that the appellant against the maximum sentence inflicted of 10 years, has already undergone sentence for about 04 years and 07 months.

4. No one appears to represent the State.

5. We have heard learned counsel for the parties.

6. This Court in view of the observation made by the Hon'ble Apex Court in the case of Saudan Singh vs. State of Uttar Pradesh, 2021 SCC OnLine SC 3259 and also taking into consideration that the present appellant, against the maximum sentence of 10 years, has completed about half of the sentence, as such, this Court is of the view that the present interlocutory application is to be allowed.

7. Accordingly, the present interlocutory application stands allowed, as such, disposed of.

8. In view thereof, the appellant, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-III, Koderma in connection with Sessions Trial No. 150 of 2021.

. It is made clear that any observation made hereinabove will not prejudice the case of the parties on merit since the appeal is lying pending for its consideration.

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