Jaideep Baraik vs State Of Jharkhand
2021 Latest Caselaw 1679 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (D.B) No. 52 of 2021
                 Jaideep Baraik                                   ....           Appellant
                                                 Versus
                 State of Jharkhand                               ...            Respondent
              CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                            Hon'ble Mrs. Justice Anubha Rawat Choudhary
                            Through Video Conferencing
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For the Appellant : Mr. Ramit Satender, Advocate For the State : Ms. Priya Shrestha, A.P.P

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02/07.04.2021 This appeal has been preferred by the appellant through learned counsel Mr. Ramit Satender on being nominated by High Court Legal Service Committee on the request of the appellant.

The sole appellant stands convicted for the offence under Sections 302 of I.P.C and Section 3/4 of Prevention of Witch (DAAIN) Practices Act, 1999, by the impugned judgment dated 25.11.2017 rendered in Sessions Trial No. 16 of 2017 by the Court of learned Additional Sessions Judge, Simdega and has been sentenced to undergo Life Imprisonment under Section 302 of IPC with a fine of Rs. 10,000/- and default sentence and further sentenced to undergo R.I for six months under Section 3/4 of Prevention of Witch (DAAIN) Practices Act, 1999 with a fine of Rs. 2,000/- and default sentence, vide impugned order of sentence dated 29.11.2017.

Appeal suffers from a delay of 1132 days, for condonation of which I.A. No. 1682 of 2021 has been preferred. Learned counsel for the appellant submits that the appellant is very poor and was unable to file this appeal through private counsel. However, on his request legal aid has been provided and as such the appeal has been filed with some delay. Therefore, it may be condoned, otherwise the appellant may suffer irreparably.

Having considered the explanation and the submission of learned counsel for the parties, delay is condoned. The instant I.A. stand disposed of.

Admit.

Issue notice.

Call for the Lower Court Records in connection with Sessions Trial No. 16 of 2017 from the Court of learned Additional Sessions Judge, Simdega.

Prayer for suspension of sentence made through I.A. No. 1683 of 2021 shall be considered after receipt of L.C.R

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Jk