Sabita Devi vs The State Of Jharkhand
2022 Latest Caselaw 1706 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (DB) No. 2139 of 2017

           1. Sabita Devi
           2. Sita Ram Mehta
           3. Rama Prasad Mehta @ Rama Mahto                             ....Appellants
                                       Versus
           The State of Jharkhand                                        ... Respondent


           CORAM:        Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mr. Justice Kailash Prasad Deo

           For the Appellants        : Mr. Lukesh Kumar, Advocate
           For the State             : Ms. Nehala Sharmin, A.P.P.
                                            ---

08/28.04.2022 Heard learned counsel for the appellant, Mr. Lukesh Kumar and Ms. Nehala Sharmin, learned Additional Public Prosecutor for the State on the renewed prayer for suspension of sentence made by appellant no. 3, Rama Prasad Mehta @ Rama Mahto through I.A. No. 1530 of 2022.

The appellant no.3- husband along with 4 others namely Sita Ram Mahto, brother-in-law; Shanti Devi, mother-in-law; Sabita Devi, sister-in law and Duli Mahto, father-in-law stood convicted for the offence punishable under Section 304B of the I.P.C by the impugned judgment of conviction dated 29.11.2017 passed in S.T. No. 439 of 2008 by the Court of learned Additional Sessions Judge-IX cum FTC for rape case, Hazaribag. Appellant no.3 husband Rama Prasad Mehta @ Rama Mehta along with Sita Ram Mehta, brother-in-law (appellant no.2 herein) and Sabita Devi, sister-in-law (appellant no.1 herein) were sentenced to undergo R.I for 10 years, while Duli Mahto, father-in-law and Shanti Devi, mother-in-law were sentenced to undergo R.I for 7 years by the impugned order of sentence of the same date.

Earlier, the prayer for suspension of appellant no. 3 was dismissed as not pressed by order dated 18th June, 2018. Thereafter, the renewed prayer for suspension of sentence was rejected on merits vide order dated 9th July, 2019 also taking note that the appellant has undergone custody of 2 years and 5 months only as against the sentence of 10 years. Prayer for suspension of sentence was once again dismissed as not pressed by order dated 20th February, 2020 passed on I.A No. 1341 of 2020. Appellant has renewed the prayer for suspension of sentence primarily on the ground of having undergone more than half of the custody i.e., 5 years and 4 months against the sentence of 10 years.

Learned counsel for the appellant has reiterated the submission on merits which has been considered earlier by this Court as also reflected in the order dated 9th July, 2019.

Learned Additional Public Prosecutor has opposed the prayer. Having considered the submission of learned counsel for the parties and the materials on record including the period of more than half of the custody undergone by the appellant no. 3, we are inclined to enlarge the appellant no. 3, Rama Prasad Mehta @ Rama Mahto on bail by suspending his sentence. Accordingly, appellant, no. 3, Rama Prasad Mehta @ Rama Mahto 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 Additional Sessions Judge-IX cum FTC for rape case, Hazaribag in connection with S.T. No. 439 of 2008 with the condition that one of the bailors shall be the deponent of the affidavit namely, Ajay Kumar Mehta, S/o Bhikhari Mahto, aged about 32 years, resident of Kutupisi, Nawadih, P.O. Kutupisi, P.S. Padma O.P., District-Hazaribag. Let copy of the Aadhar Card of the deponent be sent to the learned Trial Court for verification. Appellant and the bailors shall not change their address or mobile nos. without permission of the learned Trial Court and appellant and bailors shall furnish photocopy of their Aadhar Card before the learned Trial Court at time of his release.

Consequently, I.A. No. 1530 of 2022 stands disposed of.

(Aparesh Kumar Singh, J)

(Kailash Prasad Deo, J) Jk/