Pawan Mehta @ Pawan Kumar Mehta vs The State Of Jharkhand
2021 Latest Caselaw 2376 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 248 of 2019

           Pawan Mehta @ Pawan Kumar Mehta                             ....Appellant
                                     Versus
           The State of Jharkhand                               ...      Respondent


           CORAM:        Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mr. Justice Kailash Prasad Deo

                        Through Video Conferencing

           For the Appellant        : Mr. Rajesh Lala, Advocate
           For the State            : Mrs. Niki Sinha,A.P.P.
                                           ---

08/15.07.2021 Heard learned counsel for the appellant, Mr. Rajesh Lala and Mrs. Niki Sinha, learned Additional Public Prosecutor for the State on the prayer for suspension of sentence made by this appellant through I.A. No. 2541 of 2021.

Appellant along with five others stand convicted in Sessions Trial No. 39 of 2018 by the impugned judgment dated 31st January, 2019 rendered by learned Additional Sessions Judge-II, Koderma, while two other accused persons were acquitted of the charge of dacoity under Section 395 of I.P.C. All the accused persons were acquitted of the charge under Section 412 of I.P.C. All the convicts were sentenced to undergo R.I. for 10 years with a fine of Rs.10,000/- each and a default sentence each against their conviction under Section 395 of I.P.C by the impugned order of sentence dated 7th February, 2019.

Learned counsel for the appellant submits that the appellant has renewed his prayer for suspension of sentence since other co-convicts have been enlarged on bail by this Bench and other coordinate Benches of this Court and moreover, appellant has completed more than 3 years of custody against the sentence of 10 years awarded upon him. It is submitted that the apprehended co- accused, Rohit Kumar Swarnkar @ Rohit Soni, upon whose confessional statement, the name of this appellant and other co-accused transpired, has also been granted bail by co-ordinate Bench of this Court by order dated 24.03.2021 passed in Cr. Appeal (D.B) No. 348 of 2019. It is submitted that the other co- convicts such as Ranjit Goswami @ Charka, Rohit Mehta @ Balla @ Monti @ Rohit Kumar Mehta and Vikash Mehta @ Charka Mehta @ Vikash Kumar Mehta have been granted bail by suspending their sentence by orders dated 24th

February, 2020; 12th November, 2020 and 24th February, 2021 in Cr. Appeal (D.B) No. 235 of 2019; Cr. Appeal (D.B) No. 203 of 2019 and Cr. Appeal (D.B) No. 314 of 2019 respectively. It is further submitted that other co-convict, namely, Umesh Kumar Mehta has been granted bail by suspending his sentence by order dated 3rd March, 2021 in Cr.Appeal (D.B.) No. 314 of 2019. It is further submitted that all other co-convicts, except this appellant, have been granted bail by this Bench and other co-ordinate Benches of this Court. Therefore, appellant may also be enlarged on bail by suspending his sentence since he has been in custody for more than 3 years taking for the period of custody during trial and his conviction.

Learned Additional Public Prosecutor has opposed the prayer. She however does not dispute that the other co-convicts have been granted bail by suspending their sentences by orders referred to hereinabove.

We have considered the facts and circumstances noted above, the submission of the parties and in view of the fact that the apprehended co- convict, Rohit Kumar Swarnkar @ Rohit Soni and other co-convicts have been granted bail by this Bench and other coordinate Benches of this Court by orders referred to hereinabove and this appellant has also completed more than 3 years of custody, we are inclined to enlarge the appellant on bail by suspending his sentence. Accordingly, appellant, named above, shall be released on bail, during pendency of this appeal 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-II, Koderma, in connection with Sessions Trial No. 39 of 2018, if not wanted in connection with any other case with the following conditions that

(i) Both the bailors shall be close relative of the appellant;

(ii) appellant and his bailors shall not change their address or mobile number without permission of the learned Trial Court and

(iii) appellant before being released shall be examined by the Doctor and if he is found to be Covid negative, shall be released immediately, otherwise, if he is found to be positive, he shall be released only after serving the quarantine period.

Consequently, I.A. No. 2541 of 2021 stands disposed of. Let the name of Mrs. Niki Sinha appear as learned A.P.P in the cause list henceforth in place of the erstwhile learned A.P.P., Ms. Amrita Kumari.

(Aparesh Kumar Singh, J)

(Kailash Prasad Deo, J) Jk/