Jharkhand High Court
Pradeep Kumar Singh vs The State Of Jharkhand on 5 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 374 of 2019
Pradeep Kumar Singh ....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 : Mr. Rakesh Kumar, Advocate
For the State : Mr. Ashok Kumar, A.P.P
---
05/05.10.2021 Heard learned counsel for the appellant, Mr. Rakesh Kumar and
learned A.P.P, Mr. Ashok Kumar on the prayer for suspension of sentence
made by this appellant through I.A. No. 3254 of 2021.
Sole appellant stands convicted for the offence punishable under
Section 363/34 and 364(A)/34 of I.P.C by the impugned judgment dated 25th
February, 2019 passed in Sessions Trial No. 67 of 2005 by the Court of learned
District and Additional Sessions Judge, II, Giridih and has been sentenced to
undergo imprisonment for life with a fine of Rs. 20,000/- and default sentence
under Section 364(A)/34 of I.P.C. and further sentenced to undergo Rigorous
Imprisonment for 7 years with a fine of Rs. 10,000/- and default sentence under
Section 363/34 of I.P.C by the impugned order of sentence dated 27th February,
2019. Both the sentences have been ordered to run concurrently.
Learned counsel for the appellant submits that the victim is
P.W.4. As per his statement made during trial he had not named this appellant
and one Arun Yadav before the Police. It is submitted that there is no demand
of ransom as per the case of the prosecution. It is further submitted that the
victim had named three accused persons, namely, Pradeep Goswami, Ranjit
Singh and Dinesh Goswami. According to him, Ranjit Goswami had handed
over custody of victim to two other persons, who had taken him to the Jungle.
Though, in his examination-in chief, he has referred to the name of this
appellant and Arun Yadav as having taken him towards Jungle, but in his
statement made at paragraph 30 during cross examination he says that he did
not name these two persons before the Police. This appellant is in custody since
17th January, 2019 and from the date of conviction i.e., 25th February, 2019. As
such, he has completed about 2 years and 10 months of custody. Therefore,
appellant may be enlarged on bail by suspending his sentence during pendency
of this appeal.
Learned Additional Public Prosecutor for the State has opposed the
prayer. He further submits that the victim has stated in his examination-in-chief
that the appellant and one Ajay Singh were handed over the custody of the
victim and they had taken him to Jungle. Learned A.P.P. has upon instruction
stated that there is no criminal antecedent of this appellant. However he submits
that appellant may not be enlarged on bail.
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 Records, including the period of custody undergone by the appellant.
Having regard to the facts and circumstances noted above and that
the victim has, in his cross-examination, stated that he had not named these two
persons before the police during investigation and there is no criminal
antecedent of this appellant as also taking into account that the appellant is in
custody since 17th January, 2019, we are inclined to grant bail to the appellant
by suspending his sentence during pendency of this appeal. Accordingly,
appellant, above-named, shall be released on bail, during the 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 District and
Additional Sessions Judge, II, Giridih in connection with Sessions Trial No. 67
of 2005 with the condition that appellant and his bailors shall not change their
address or mobile number without permission of the learned Trial Court.
Appellant and their bailors shall also furnish their photo copy of Aadhar Card
before the Trial Court.
I.A. No. 3254 of 2021 stands allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
