Jharkhand High Court
Narayan Mahato vs The State Of Jharkhand on 28 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 819 of 2018
Narayan Mahato, s/o late Govind Mahato, r/o village Chirudih, PO & PS
Putki, District Dhanbad. .... Appellant
Versus
The State of Jharkhand ... Respondent
---------------
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate
For the State : Mr. Vineet Kr. Vashistha, Spl. PP
---------------
Order No.08/ Dated: 28th September 2022
I.A. No. 5411 of 2021
By virtue of the order dated 9th June 2022 passed by Hon'ble the
Chief Justice, High Court of Jharkhand on the administrative side, this
application has been assigned to DB-III.
This is second attempt by Narayan Mahato who is the applicant
in I.A. No. 5411 of 2021 seeking suspension of sentence pending final
hearing in Criminal Appeal (DB) No. 819 of 2018.
By an order dated 30th October 2018, I.A. No. 9493 of 2018
filed by the appellant seeking suspension of sentence was rejected by a
coordinate Bench of this Court.
In Sessions Trial No. 41 of 2017, the appellant and Mithilesh
Kumar Mahato @ Rinku Mahato were convicted and sentenced to undergo
RI for life and fine of Rs.20,000/- each for the offence under section 302 of
the Indian Penal Code for committing murder of Sarthi Devi, with a default
stipulation to undergo further SI for six months.
The present interlocutory application for suspension of sentence
has been pressed on two grounds viz. (i) age of the appellant and (ii) remote
likelihood of hearing of the criminal appeal in near future.
On merits, Mr. R.S. Mazumdar, the learned Senior counsel for
the appellant submits that specific allegation against the appellant is of
assaulting Sarthi Devi with lathi. Referring to the evidence tendered by
PW2 and PW8, the learned Senior counsel for the appellant submits that it
was Mithilesh Kumar Mahato @ Rinku Mahato who has assaulted Sarthi
Devi on her head with rod which caused injury over right temporal region of
her head.
Mr. Vineet Kr. Vashistha, the learned Special PP has, however,
opposed the prayer for suspension of sentence on the ground that the
appellant has been convicted with the aid of section 34 of the Indian Penal
Code and while so he is also equally liable for murder of Sarthi Devi.
As would appear on a glance at the judgment in Sessions Trial
No. 41 of 2017, the appellant was aged about 66 years as on 4 th July 2018. It
is stated at bar that the appellant has remained in custody since 27 th April
2016 and while so he has undergone custody of 6 years and 5 months.
Dr. Vineet P. Tigga who conducted autopsy over the dead body
of Sarthi Devi has found swelling with bruises over different parts of Sarthi
Devi which according to the prosecution were caused by lathi blows given
by the other accused.
It is not in dispute that there is no likelihood of the present
criminal appeal being heard in near future and, therefore, having regard to
the aforesaid circumstances in the case, we are inclined to suspend the
sentence awarded to the appellant.
Accordingly, the appellant, namely, Narayan Mahato is directed
to be released on bail, during pendency of this appeal, on furnishing bail
bond of Rs. 20,000/- (rupees twenty thousand only) with two sureties of the
like amount each to the satisfaction of the learned Sessions Judge, Dhanbad
in Sessions Trial No. 41 of 2017, subject to the conditions that:
(i) the appellant shall deposit the fine amount within six
weeks from today, failing which he shall surrender before the
Court concerned;
(ii) the appellant shall remain physically present or through
his authorized counsel in the Court whenever this criminal
appeal is listed for hearing in the Court, however, if no one
appears on his behalf on the day when this criminal appeal is
listed on Board for hearing the State may file an application
for recall of this order, and;
(iii) the appellant shall disclose his present address and
mobile number to the Investigating Officer of the case.
I.A. No. 5411 of 2021 stands allowed.
Let a copy of this order be transmitted to the Court concerned
and the concerned Jail Superintendent through "Fax".
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
RKM/-
