Santosh Ram vs The State Of Jharkhand
2021 Latest Caselaw 3235 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      I.A. No. 960 of 2021
                                               In
                                 Cr. Appeal (DB) No. 453 of 2020

           Santosh Ram                                                        Appellant
                                              Versus
           The State of Jharkhand                                 ...            Respondent

           CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                          Hon'ble Mrs. Justice Anubha Rawat Choudhary

                          Through Video Conferencing

           For the Appellant           : Mr. Pankaj Srivastava, Advocate
           For the State               : Mrs. Lily Sahay, A.P.P.
                                              ---

06/02.09.2021

1. Heard Mr. Pankaj Srivastava, learned counsel appearing on behalf of the appellant on the point of condonation of delay. I.A. No. 960 of 2021

2. This Interlocutory Application has been filed for condonation of delay of 45 days in filing the present appeal. Learned counsel submits that due to COVID-19 Pandemic and that the appellant being a poor person, steps could not be taken within the stipulated time frame.

3. Learned counsel appearing on behalf of the State does not have any serious objection so far as condonation of delay in filing this appeal is concerned.

4. After hearing the learned counsel for the parties and being satisfied with the cause shown by the appellant regarding delay in filing the present appeal, the delay in filing the appeal is hereby condoned. I.A. No. 960 of 2021 is allowed.

Cr. Appeal (DB) No. 453 of 2020

5. At this, learned counsel for the appellant submits that the case may be admitted for final hearing and L.C.R may be called for and he would press the Interlocutory Application for suspension of sentence i.e, I.A. No. 961 of 2021 after receipt of L.C.R.

6. The present appeal has been filed against the judgment of conviction dated 4th March, 2020 and order of sentence dated 18the March, 2020 passed by learned Additional Sessions Judge-VI, Garhwa in Session Trial No. 15 of 2016, arising out of Ramna P.S. Case No. 76 of 2015, corresponding to G.R. No.

1251 of 2015, whereby appellant has been held guilty for the offence punishable under Section 498A of I.P.C as well as under Section 302 of I.P.C. He has been sentenced to undergo Rigorous Imprisonment for 3 years with a fine of Rs. 5,000/- and in default of payment of fine, simple imprisonment for a period of three months for the offence under Section 498A of I.P.C. He has also been sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- and in default of payment of fine, simple imprisonment for a period of three months under Section 302 of I.P.C

7. Admit.

8. Call for the Lower Court Record from the Court of learned Additional Sessions Judge-VI, Garhwa in connection with Sessions Trial No. 15 of 2016.

9. Prayer for suspension of sentence will be considered after receipt of Lower Court Records.

10. Let a copy of this order be communicated to the court concerned through 'FAX'.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/