Jharkhand High Court
Ram Lakhan Sao vs The State Of Jharkhand on 27 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 987 of 2010
Ram Lakhan Sao --- --- 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. Gopal Krishna Sinha, Advocate
For the Respondent: Mrs. Vandana Bharti, A. P.P
---
07 / 27.10.2021 Heard learned counsel for the appellant Mr. Gopal Krishna Sinha and
learned A.P.P Mrs. Vandana Bharti on the prayer for suspension of sentence of
this appellant made through I.A. No. 5684 / 2021.
2. The sole appellant stands convicted for the offence punishable under
section 302 of the Indian Penal Code by the impugned judgment dated
06.10.2010 passed in Sessions Trial No. 123/2009 by the Court of learned
Additional Sessions Judge, Fast Track Court-II, Garhwa and has been sentenced
to undergo R.I for life with a fine of Rs. 10,000/- and default sentence by the
impugned order of sentence of the same date.
3. Learned counsel for the appellant submits that earlier, prayer for
suspension of sentence of this appellant was rejected on merits vide orders
dated 03.01.2011, 16.09.2014 and again on 19.07.2018 after consideration of
materials from the lower court records. Learned counsel for the appellant
submits that vide order dated 16.09.2014 appeal was directed to be listed for
hearing taking into account the old age of the appellant and long custody, but
the appeal has not yet been heard finally. Appellant has been in custody since
14.12.2008. He was released on parole for few months and again surrendered
on 03.09.2021. Appellant is now aged 80 years. This appeal has not yet been
listed under the heading for hearing. Therefore, considering all these facts and
circumstances, appellant may be enlarged on bail by suspending his sentence.
4 Learned A.P.P has opposed the prayer.
5. Having regard to the facts and circumstances noted above and that the
appellant being 80 years old, is in custody for more than 12 years by now, we
are inclined to enlarge the appellant on bail by suspending his sentence during
pendency of this appeal. Accordingly, Appellant Ram Lakhan Sao 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 Additional Sessions Judge, Fast Track Court-II,
Garhwa in Sessions Trial No. 123/2009 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.
5684 /2021 stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
