Pradeep Kharia & Others vs The State Of Jharkhand
2021 Latest Caselaw 3686 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Criminal Appellate Jurisdiction)

                       Cr. Appeal (DB) No. 209 of 2017
Pradeep Kharia & others                             ... ....    Appellants
                                Versus
The State of Jharkhand                               ... .... Respondent
                                                          (Through V.C.)
 CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                HON'BLE MR. JUSTICE RATNAKER BHENGRA
                                 --------

For the Appellant(s) : Mr. Arun Kumar, Advocate For the Respondent(s) : Mr. Ashok Kumar, APP

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th Order No.05/Dated: 29 September, 2021 IA No. 1854 of 2021 This is an assigned matter by virtue of an order dated 24.08.2021 of the Hon'ble the Chief Justice.

This Interlocutory Application has been filed by the appellant No.1, namely, Pradeep Kharia for suspension of sentence during pendency of this criminal appeal.

The appellant has suffered the judgment of conviction under section 302/34 of the Indian Penal Code and was awarded sentence of RI for life and a fine of Rs. 5,000/- with default stipulation to further undergo imprisonment for six months.

This is second attempt by the appellant seeking suspension of sentence inflicted upon him in ST No.72 of 2009/ST No. 171 of 2009 during pendency of this criminal appeal.

Mr. Arun Kumar, the learned counsel appearing for the appellant submits that the appellant has served sentence of more than thirteen years and now since criminal appeals in which the convicts have remained in custody for nine years are on Board for final hearing he would withdraw this application for suspension of sentence with a prayer for listing of Cr. Appeal (DB) No. 209 of 2017 under the heading "Final Disposal".

The prayer is granted.

Let Cr. Appeal (DB) No. 209 of 2017 be listed under the heading "Final Disposal" on 20.10.2021 to be taken up in its seriatim.

IA No. 1854 of 2021 stands disposed of.

The Registry shall prepare paper book of necessary documents and supply copies thereof to the learned counsel for the appellant and Mr. Ashok Kumar, the learned APP.

                                                    (Shree Chandrashekhar, J.)


Nibha/Madhav                                          (Ratnaker Bhengra, J.)