Bablu Prasad Mehta vs The State Of Jharkhand
2021 Latest Caselaw 3830 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (DB) No. 515 of 2018
           Bablu Prasad Mehta                                             ....Appellant
                                            Versus
           The State of Jharkhand                              ...          Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary

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For the Appellant : M/s. Achyat Swaroop Mishra & Sidhant Sinha, Advocates For the State : Mr. Saket Kumar, A.P.P.

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06/06.10.2021 Learned counsel for the appellant, Mr. Achyat Swaroop Mishra, assisted by learned counsel, Mr. Sidhant Sinha, does not want to press the prayer for suspension of sentence of this appellant made through I.A.No. 4063 of 2021, at this stage since, according to learned counsel for the appellant, appellant has remained in custody for about three and half years only since 5th April, 2018.

Mr. Saket Kumar, learned A.P.P does not oppose the prayer. In view of the prayer made on behalf of the appellant, the instant I.A is dismissed as not pressed.

It appears from perusal of the impugned judgment that Charge-sheet no. 19 of 2010 has been submitted on 26th April, 2010 against two accused persons, Bablu Prasad Mehta and Birju Prasad Mehta under Sections 396 and 412 of I.P.C. Both the accused have been convicted by the impugned judgment dated 28th March, 2018 for the offence punishable under Section 396 of I.P.C and sentenced to undergo Rigorous Imprisonment for 10 years with a fine of Rs. 5,000/- each and default sentence each by the impugned order of sentence dated 5th April, 2018. It does not appear that whether the other accused persons have been charge-sheeted and sent up for trial till date.

Mr. Saket Kumar, learned A.P.P. shall seek instruction as to whether any charge-sheet has been filed against the other accused persons in connection with Katkamsandi P.C Case No. 321 of 2009, corresponding to G.R. No. 4935 of 2009 and whether they have been arrested or not. What is the stage of their trial?

Let affidavit to that effect be filed within a period of 4 weeks. Matter be placed along with affidavit immediately after 4 weeks before the Bench.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/