Sheonath Bhuiyan vs The State Of Jharkhand
2022 Latest Caselaw 208 Jhar

            IN THE HIGH COURT OF JHARKHAND, RANCHI
               [CRIMINAL APPELLATE JURISDICTION]
                     Crl. Appeal (DB) No. 684 of 2014
                                 ............

           Sheonath Bhuiyan                             ..... Appellant(s)
                                        Versus
           The State of Jharkhand.                      .... Respondent(s)
                                 ..........

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through- Video Conferencing) .............

For the Appellant(s) : Mr. Manoj Kumar Choubey, Advocate. For the State : Mr. Sanjay Kumar Srivastava, APP

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16/02.02.2022. I.A. No.5686 of 2021.

Heard, learned counsel for the appellant and the State on the prayer for suspension of sentence made through I.A. No.5686/2021. The sole appellant stands convicted for the offence punishable under

sections 302, 324 and 326 of I.P.C together with sections 3 / 4 of Prevention of Witch (Daain) Practice Act, 1999 vide impugned judgment dated 23.07.2014 rendered in Sessions Trial No. 94/2012 by the Court of learned Additional Sessions Judge-II, Garhwa and has been sentenced to undergo life imprisonment till his last breath with a fine of Rs. 5,000/- and a default sentence under section 302 of I.P.C.; R.I. for three years under section 324 of I.P.C; R.I. for ten years under section 326 of I.P.C and R.I. for six months with a fine of Rs. 2,000/- and a default sentence under sections 3 / 4 of Act of 1999, vide impugned order of sentence dated 24.07.2014. Learned counsel for the appellant has submitted that earlier the prayer for suspension of sentence of the appellant was rejected, on merits vide order dated 23.07.2019 after going through the materials on the L.C.R. He further submits that appellant has completed more than 10 years of his custody by now since 01.06.2011 and therefore, he may be enlarged on bail by suspending his sentence.

Learned counsel for the State has strongly opposed the prayer and submitted that prayer for suspension of sentence of this appellant has been rejected on merits, taking into account the fact that the appellant had killed his own father and there were sufficient materials on record to substantiate his conviction. The case had been taken up before the Co-ordinate Bench under the heading 'For Hearing' as it appears from the previous orders passed by this Hon'ble Court. However, no leniency should be shown in such matters on the

ground of custody for release him on bail.

Having considered the rival submissions of learned counsel for the parties and the ground of custody taken by the appellant for release, we are of the view that the appellant has been held guilty for killing his own father and the materials on record have been duly considered by this Court vide order dated 23.07.2019 by rejecting the prayer for suspension of sentence. In such circumstances, we are not inclined to release the appellant on bail on the ground of custody of more than 10 years by now. Further it appears that the instant Criminal Appeal (DB) has been listed for hearing before the Appropriate Bench on 10.09.2020 and thereafter on 05.10.2020. The Appeal, therefore, appears to be ready for 'Hearing'.

Accordingly, prayer made in I.A. No.5686 of 2021 is again rejected. However, appellant may take steps for hearing of the instant Criminal Appeal (DB).

Office to place the matter under the heading for hearing before the Appropriate Bench as per the period of custody of the appellant and as per chronology of such Appeals.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.) Sandeep/