Jharkhand High Court
Durga Mahto vs The State Of Jharkhand on 19 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Appeal (S.J.) no. 1654 of 2018
Durga Mahto ...Appellant
-V e r s u s-
The State of Jharkhand ... Respondent
CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Appellant:- Mr. Rajeeva Sharma, Sr. Advocate
For the State :- None
15/19.03.2021 I.A. No. 1116 of 2021
The present interlocutory application has been filed on behalf of
the appellant under Section 389(1) of Cr.P.C. for suspension of
sentence awarded to him vide order dated 04.12.2018 passed by the
learned Trial Court and his release on bail during pendency of the
present appeal.
Learned Senior Counsel for the appellant submits that earlier an
interlocutory application being I.A. No. 11489 of 2018 was filed on behalf
of the appellant under Section 389 (1) of Cr.P.C. for suspension of
sentence awarded to him by the learned Trial Court which was rejected
by this Court vide order dated 14.02.2019. By way of present
interlocutory application, the appellant has renewed his prayer for
suspension of sentence particularly on the ground that the appellant
has already undergone half of the maximum sentence i.e. nine years
awarded to him by the learned Trial Court under Section 376 of the
I.P.C.
Learned Senior counsel for the appellant while referring to
paragraph-5 of the supplementary affidavit dated 12.03.2021 filed on
behalf of the appellant submits that the appellant already underwent
judicial custody in the present case for a total period of 04 years 06
months and 06 days till 09.03.2021 out of the maximum sentence of
nine years awarded to him by the learned Trial Court under Section
376 of the I.P.C. It is further submitted that the learned Trial Court
has not appreciated the evidence on record in true perspective and
has erroneously convicted and sentenced the appellant who otherwise
has a good case in appeal. At least considering the fact that the
appellant has already undergone half of the sentence awarded to him
by the learned Trial Court, the same may be suspended during
pendency of the present appeal.
No one appears on behalf of the State.
Having heard the learned counsel for the parties, on perusal of
the L.C.R. including the impugned judgment and order of sentence
dated 04.12.2018 passed by the learned Trial Court as well as keeping
in view the fact that the appellant has completed half of the sentence
awarded by the said court, the execution of sentence
dated 04.12.2018 awarded to him shall remain suspended during
pendency of the present appeal.
Accordingly, the appellant, above named, is directed to be
released on bail during pendency of the present appeal on furnishing
bail bond of Rs.25,000/- (rupees twenty five thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-XV, Dhanbad in connection with Sessions
Trial No. 399 of 2016.
I.A. No. 1116 of 2021 stands disposed of.
(Rajesh Shankar, J.)
Ritesh
