Jharkhand High Court
Md. Sahid Mallik @ Sahid Mallik @ ... vs The State Of Jharkhand on 26 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 661 of 2018
Md. Sahid Mallik @ Sahid Mallik @ Panjabi --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant: M/s A.K. Kashyap, Sr. Advocate, Sunil Kumar, Advocate
For the Respondent: Mrs. Lily Sahay, A. P.P
---
05 / 26.10.2021 Heard learned senior counsel for the appellant Mr. A.K. Kashyap and
learned A.P.P Mrs. Lily Sahay on the prayer for suspension of sentence of this
appellant made through I.A. No. 3851/2021.
2. The sole appellant stands convicted for the offence punishable under
section 304B of the Indian Penal Code by the impugned judgment dated
29.05.2018 passed in Sessions Trial No. 13/2007 by the Court of learned
District and Additional Sessions Judge-IV, Giridih and has been sentenced to
undergo R.I for ten years by the impugned order of sentence dated 02.06.2018.
3. Earlier, prayer for suspension of sentence of this appellant was rejected
by order dated 17.07.2018 passed by the Coordinate Bench of this Court after
consideration of materials from the lower court records. Appellant is the
husband.
4. Learned senior counsel for the appellant submits that the prayer has been
renewed primarily on the ground that the appellant has completed about 5 and
½ years of custody against the sentence of ten years i.e. more than half of the
sentence awarded. It is submitted that surprisingly, the mother-in-law who is the
sister of the Informant had not been implicated, though death has occurred in
the matrimonial home. PWs-1 to 6 are villagers who though have supported the
FIR and later on gone to P.O, but they had not seen the occurrence. The post-
mortem report (Ext.-4) has been adduced by another doctor (PW-9). Therefore,
appellant who is the husband, may be enlarged on bail by suspending his
sentence as he has completed about more than half of the custody.
5. Learned A.P.P has opposed the prayer. She submits that the prayer for
suspension of sentence of this appellant was earlier rejected on merits
considering the fact that the deceased suffered several ante mortem bruises on
the body including on genital region and death was caused due to hanging.
Therefore, he may not be enlarged on bail.
6. We have considered the submissions 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 appellant has
remained in custody for more than half of the sentence by now, we are inclined
to enlarge the appellant on bail by suspending his sentence during pendency of
this appeal. Accordingly, Appellant Md. Sahid Mallik @ Sahid Mallik @
Panjabi 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 District and Additional Sessions
Judge-IV, Giridih in Sessions Trial No. 13/2007 with the condition that the
appellant and his bailors shall not change their address or mobile nos. without
permission of the learned Trial Court and Appellant and his bailors shall also
furnish their Aadhar Card before the learned Trial Court at the time of his
release. I.A. No. 3851/2021 stands disposed of.
7. Learned A.P.P shall ascertain as to the status of investigation against
other accused persons as it appears from perusal of para-3 of the impugned
judgment that while filing charge sheet bearing no. 200/2006 dated 02.09.2006
against two persons facing trial, investigation was kept pending against other
accused persons. Whether other accused persons have been charge sheeted, if
so, what is the status of trial. Let an affidavit to that effect be filed within four
weeks.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
