Jharkhand High Court
Chandan Singh vs The State Of Jharkhand on 30 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 244 of 2017
1. Chandan Singh
2. Lav Kumar Singh --- --- Appellants
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
---
For the Appellants : Mr. B.M. Tripathy, Sr. Advocate
Mr. Naveen Kr. Jaiswal, Advocate
For the State : Mr. Suraj Verma, A.P.P.
10/30.11.2021 Heard Learned Senior Counsel for the appellants and learned
A.P.P. on the prayer for suspension of sentence of the appellants made through
I.A. No.7062 of 2019.
The appellants stand convicted for the offences punishable under
Section 302 read with Section 34 of the I.P.C. vide impugned judgment of
conviction dated 12.01.2017 passed in S.T. No. 312 of 2013 by the learned
court of Additional Sessions Judge-VI, Garhwa and have been sentenced to
undergo R.I. for life with a fine of Rs.20,000/- and a compensation of
Rs.30,000/- payable by each vide impugned order of sentence dated
19.01.2017.
Learned Senior Counsel for the appellants submits that there is
an apparent contradiction in the story put-up by the informant father (P.W.2)
and the uncle (P.W.1) with that of the wife of the deceased (P.W.6). P.W.2
father has in the Fardbeyan stated that at 12:00 in the night on hearing cries of
his son, he went out of the house and saw the accused persons assaulting him
with Balua and Gandasa at the instance of one Sudarshan Singh in the wheat
field of Prem Yadav, as a result of which he died. The wife of the deceased
P.W.6 in her testimony categorically stated that the deceased was sleeping
with her in the night when accused persons including others namely Dukhan
Singh, Jamuna Singh, Parsu Singh, Parikha Singh (12 accused) assaulted her
husband with a Balua, as a result of which he fell down and died. In her cross-
examination also she has stated the same. It is further submitted that other
prosecution witnesses P.W.9, 16, 17 and 18 have turned hostile, whereas
P.W.10, 10A, 11, 12, 13, 14 and 15 have not seen the occurrence. They
claimed to have seen the dead body in the morning. It is submitted that the
appellants have remained in custody since 18th January 2013 i.e. about 8 years
and 10 months. There are no chances of the appeal being heard in near future.
In the aforesaid facts and circumstances, the appellants deserve to be enlarged
on bail by suspending their sentences.
Learned A.P.P. has opposed the prayer. It is submitted that the
prosecution story has been duly supported by P.W.1 and 2 who are the eye-
witnesses and there are corresponding injuries found on the deceased during
post-mortem conducted by Doctor P.W.5 vide Ext.7 post-mortem report.
Therefore, the appellants may not be enlarged on bail.
We have considered the submissions of learned counsel for the
parties and taken note of the materials on record relied upon by them
including the period of custody undergone by the appellants.
Having regard to the testimony of P.W.1 and 2 who say that they
came out of the house in the night at 12:00 a.m. on hearing Hullah of the
deceased and saw the deceased being assaulted by the accused persons in the
field of one Prem Yadav and the testimony of P.W.6 wife of the deceased who
has stated that the deceased was sleeping with her when the accused persons
and others assaulted her and that the appellant has remained in custody for
about 8 year and 10 months by now, we are inclined to grant the privilege of
suspension of sentence to the appellants during pendency of the appeal.
Accordingly, appellants are directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like
amount, each, to the satisfaction of learned Additional Sessions Judge-VI,
Garhwa in connection with S.T. No. 312 of 2013 with the condition that the
appellants as well as their bailors shall not change their addresses and mobile
numbers, if any, without prior permission of the learned trial court and shall
submit Aadhar Cards at the time of their release. I.A. No.7062/2019 stands
disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Shamim/
