Jharkhand High Court
Nisan Singh @ Hira Singh @ Paiya @ ... vs The State Of Jharkhand on 7 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 506 of 2020
Nisan Singh @ Hira Singh @ Paiya @ Nishan Singh --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Through Video Conferencing
For the Appellant : Mr. Mahesh Tewari, Advocate
For the Respondent : Mr. Sailesh Kumar Sinha, A.P.P.
05/07.04.2021 Heard learned counsel for the appellant Mr. Mahesh Tewari and
Mr. Sailesh Kumar Sinha, learned A.P.P. on the prayer for suspension of
sentence of the appellant made through I.A. No.461 of 2021.
The sole appellant along with accused Sonu Choudhary @ Billa
stood convicted for the charge under Section 302/34,201/34,379/34 of
the Indian Penal Code by the impugned judgment dated 24.07.2019
passed in Sessions Trial No. 93 of 2018 by the learned Additional
Sessions Judge I cum Special Judge (POCSO), Dhanbad and have been
sentenced to undergo imprisonment for life and fine of Rs.30,000 under
Section 302/34 IPC with default sentence; R.I. for 6 years and fine of
Rs.10,000/- under Section 201/34 IPC with default sentence and R.I. for
2 years under Section 379/34 IPC by the order of sentence dated
29.07.2019. Substantive sentence awarded were directed to run
concurrently but sentence in default of payment of fine was directed to
run consecutively.
Learned counsel for the appellant submits that case of the present
appellant stands on similar footing to that of co-convict Sonu Choudhary
@ Billa, who has been granted the privilege of suspension of sentence in
I.A. No. 746 of 2020 in Criminal Appeal(DB) No. 927 of 2019 by a co-
ordinate Bench of this Court vide order dated 17.03.2020. It is submitted
that P.W.1,2 and 3 though have stated that they knew the deceased and
were on close terms with him but they did not inform P.W.7 the
informant i.e., son of the deceased. F.I.R was lodged by son of the
deceased against unknown persons. P.W.1,2, and 3 claimed themselves
as eye witness but their conduct does not inspire confidence. The
prosecution could not produce a single chit of paper to show that the
seized mobile was purchased in the name of deceased and the seized
mobile was never put on Test Identification Parade nor identified. As
such the present appellant may also be granted the privilege of
suspension of sentence.
Learned A.P.P. has opposed the prayer. However, he does not
dispute that the case of the present appellant stands on similar footing to
the co-convict Sonu Choudhary @ Billa and there are common set of
evidence and material against both the accused / convict. He also does
not dispute that co-convict has been granted privilege of suspension of
sentence by a co-ordinate Bench of this Court in Criminal Appeal (DB)
No. 927 of 2019.
Having considered the facts and circumstances of the case taken
note above as borne out from the L.C.R. and that on similar materials co-
convict Sonu Choudhary @ Billa has been granted privilege of
suspension of sentence by a co-ordinate Bench of this Court in Criminal
Appeal (DB) No. 927 of 2019, we are inclined to grant the privilege of
suspension of sentence to the appellant and enlarge him on bail on his
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned Additional
Sessions Judge I-cum-Special Judge (POCSO), Dhanbad in Sessions
Trial No. 93 of 2018. Appellant shall not change his mobile number and
address without prior permission of the learned Trial Court. Copy of
self-attested aadhaar card and mobile number, if any, be submitted at the
time of his bail.
I.A. stands disposed of.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary)
A.Mohanty
