Golga Munda vs The State Of Jharkhand
2022 Latest Caselaw 1157 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 356 of 2018
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             Golga Munda                             ---         ---    Appellant
                                              Versus
             The State of Jharkhand                        ---   ---    Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Kailash Prasad Deo

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For the Appellant: Ms. Nivedita Kundu, Advocate For the Respondent: Mrs. Niki Sinha, A.P.P.

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06 / 24.03.2022 Heard learned counsel for the appellant Ms. Nivedita Kundu and learned A.P.P Mrs. Niki Sinha on the renewed prayer for suspension of sentence made by this appellant through I.A. No. 745/2021.

2. Appellant stood convicted for the offence punishable under Section 498A/302/201 of the Indian Penal Code by the impugned judgment of conviction dated 21.09.2017 rendered in Sessions Trial No. 656 / 2014 by the court of learned Additional Judicial Commissioner-XVII cum FTC (CAW) Ranchi and has been sentenced to undergo imprisonment for life with a fine of Rs.20,000/- and a default sentence under section 302 of the Indian Penal Code; R.I. for five years with a fine of Rs. 5000/- and a default sentence under section 201 of the Indian Penal Code and R.I. for three years with a fine of Rs. 5000/- and a default sentence under 498A of the Indian Penal Code by the impugned order of sentence dated 23.09.2017.

3. Earlier, prayer for suspension of sentence of this appellant was rejected on merits upon consideration of the materials from the lower court records vide order dated 28.08.2019 on I.A. No. 7232/2019. The prayer has been renewed primarily on the ground of period of custody undergone by the appellant since 01.06.2014. The appellant is the husband of the deceased who had taken his wife to a fair and thereafter the skeleton of the deceased was found.

4. Learned A.P.P has opposed the prayer.

5. On consideration of the prayer for suspension of sentence on the grounds of period of custody, we are not inclined to enlarge him on bail, at this stage. Accordingly, I.A. No. 745/2021 is dismissed.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.) Ranjeet/