Jharkhand High Court
Ajit Choudhary vs The State Of Jharkhand on 22 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 62 of 2020
Ajit Choudhary --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellant : M/s R.S. Mazumdar, Sr. Adv., Nishant Kr. Roy, Adv.
For the State : Mr. Vineet Kumar Vashishtha, A.P.P.
05/22.12.2021 Heard learned Senior Counsel for the appellant Mr. R.S.
Mazumdar and learned A.P.P. Mr. Vineet Kumar Vashishtha on the
prayer for suspension of sentence made by the appellant through I.A.
No. 7218 of 2021.
This appellant along with Mohan Yadav, Sanjay Mandal, Bijay
Choudhary @ Vijay Kumar Choudhary and Arun Yadav have been
convicted for the offence punishable under Sections 302/34 of the I.P.C.
and further this appellant along with Bijay Choudhary @ Vijay Kumar
Choudhary have been convicted under Section 27 of the Arms Act, while
accused Rajesh Yadav has been acquitted of the charges by the impugned
judgment dated 28.11.2019 passed in Sessions Trial Case No. 141 of
2015 by the court of learned Additional Sessions Judge-III, Sahibganj
and all of them have been sentenced to undergo imprisonment for life
with a fine of Rs.25,000/- each and a default sentence each u/s 302/34
I.P.C. and further this appellant and Bijay Choudhary @ Vijay Kumar
Choudhary have been sentenced to undergo R.I. for 3 years with a fine
of Rs.5000/- each and a default sentence each u/s 27 of the Arms Act by
the impugned order of sentence dated 30.11.2019.
Learned Senior Counsel for the appellant submits that the
appellant stands exactly on similar footing as that of co-convict Bijay
Choudhary @ Vijay Kumar Choudhary, who has been granted privilege
of suspension of sentence in Criminal Appeal (DB) No. 1206 of 2019
vide order dated 14.12.2021, passed by this Court. It is submitted that in
the case of present appellant also the material evidence is the same.
There is no eye witness to the occurrence i.e., the act of firing by the
appellant or Bijay Choudhary @ Vijay Kumar Choudhary as alleged by
the informant-son of the deceased (P.W.3). It is further submitted that
prosecution witnesses i.e.,, P.W.1, P.W.2 and P.W.3 being the 2 brothers
of the deceased and the informant have not actually seen the
firing on the deceased by this appellant or any other accused persons, as
per their statement made during trial. P.W.2 has stated that deceased was
involved in 4-5 criminal cases. The second Investigating Officer
(P.W.12) has also stated that there was case under Crime Control Act
against the deceased. It is submitted that there was no recovery of the
fire arm i.e., pistol used in the crime. The other co-convicts Mohan
Yadav and Arun Yadav, both have been granted bail vide order dated
11.02.2021 passed in Criminal Appeal (DB) No. 1244 of 2019 by a co-
ordinate Bench of this Court. The first Investigating Officer P.W.10 has
also stated that no empty cartridge was recovered from the place of
occurrence. It is further submitted that P.W.5, P.W.6, P.W.7 and P.W.9
have stated that they have no knowledge as to why the deceased was
murdered whereas P.W.8 has turned hostile. Appellant is in custody since
28.04.2014 i.e., about 7 years and 8 months. Therefore, he may be
enlarged on bail by suspending his sentence on similar consideration as
that of co-convict / appellant Bijay Choudhary @ Vijay Kumar
Choudhary.
Learned A.P.P. has opposed the prayer. He submits that
prosecution evidence of P.W.1, PW.2 and P.W.3, two brothers and
informant-son are consistent and their testimonies have not been
impeached during trial. However, learned A.P.P. does not dispute the fact
that case of the appellant stands on similar footing as that of co-convict
Bijay Choudhary @ Vijay Kumar Choudhary, who has been granted bail
earlier by this Court.
We have considered the submission of learned counsel for the
parties and taken note of the materials relied upon by them from the lower
court record including the period of custody undergone by the appellant.
On consideration of the materials on record and also the fact that on same
material evidence the co-convict Bijay Choudhary @ Vijay Kumar
Choudhary has been enlarged on bail by this Court in Criminal Appeal
(DB) No. 1206 of 2019 vide order dated 14.12.2021, we are inclined to
grant the privilege of suspension of sentence to the appellant.
Accordingly, the appellant, named above, during the pendency of
this appeal, shall be enlarged on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each, to the satisfaction of learned Additional Sessions Judge-III,
Sahibganj in connection with Sessions Trial Case No. 141 of 2015 with
the conditions that appellant and his bailors shall not change their
address or mobile number without permission of the learned Trial Court
and that appellant as well as his bailors would also submit the Aadhar
Card before the court below at the time of furnishing bail bonds.
I.A. No. 7218 of 2021is disposed of.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
