Sumitra Choudhary vs The State Of Jharkhand
2022 Latest Caselaw 2212 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 30 of 2022
                                          ....

1. Sumitra Choudhary

2. Ranjit Choudhary .... Appellants Versus The State of Jharkhand .... Respondent ....

             CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants              : Mr. Anil Kumar, Sr. Adv.
                                                  Ms. Chandana Kumari, Adv.
                For the State                   : Mrs. Nehala Sharmin, A.P.P.
                For the Resp. No.2              : Mr. K.S. Nanda, Adv.
                                                ....

05/23.06.2022             I.A. No.773 of 2022

The instant interlocutory application has been filed on behalf of the appellant for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 18.12.2021 and 21.12.2021 respectively passed by learned Addl. Judicial Commissioner-X-cum-F.T.C. (CAW), Ranchi in S.T. Case No.494 of 2015 and S.T. Case No.471 of 2017 arising out of Kotwali P.S. Case No.258 of 2015 (G.R. No.1751 of 2015, T.R. No.17 of 2021), whereby the appellants have been convicted for the offence under Sections 498A and 306/34 of IPC and sentenced to undergo R.I. for eight years with a fine of Rs.10,000/- for the offence under Section 306/34 of IPC and in default of payment of fine further sentenced to undergo R.I. for six months and no separate sentence is awarded to the appellants for the offence under Section 498A/34 of IPC.

Learned senior counsel for the appellants has submitted that the appellants were all along on bail and they are in custody since the date of judgment of conviction. It has been further submitted that the only material available against the appellants are the fardbeyan of the deceased which has been treated as dying declaration. This fardbeyan has been evidenced by the P.W.-13 and P.W.-1. Although, there were several witnesses available including the Doctor and Nurses but nobody has evidenced the fardbeyan. Further, the version of the fardbeyan has been improved by the witnesses which has been taken into consideration by the court below while giving finding regarding instigation by these appellants. Further, referring to the nature of injury and the thumb impression, doubt has been created. On above basis, prayer for suspension of sentence has been made.

Learned counsel for the informant and learned A.P.P. has opposed the prayer for bail.

Considering the fact regarding the instigation only the fardbeyan has been taken by the police and that fardbeyan has also been twisted by the court below while considering the same.

In view of above facts, I am inclined to suspend the sentence and enlarge the appellants on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Judicial Commissioner-X-cum-F.T.C. (CAW), Ranchi in S.T. Case No.494 of 2015 and S.T. Case No.471 of 2017 arising out of Kotwali P.S. Case No.258 of 2015 (G.R. No.1751 of 2015, T.R. No.17 of 2021), subject to the condition that the appellants will submit self attested copy of their Aadhar Card and also give their mobile number before the learned court below, which they will not change during pendency of this case without prior permission of the court.

I.A. No.773 of 2022 stands disposed off.

(Rajesh Kumar, J.) Shahid/