Jharkhand High Court
Nayaki Kisku vs The State Of Jharkhand on 29 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 1175 of 2018
Nayaki Kisku s/o Late Pradhan Kisku, aged about 28 years, r/o Village-
Jiyajori, PO + PS-Mahgama, District-Godda ..... Appellant
Versus
The State of Jharkhand ..... ... Respondent
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mrs. Abha Verma, Advocate
For the State : Mrs.Vandana Bharti, APP
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Order No.04 /Dated: 29th September 2022
I.A No.1435 of 2022
This application for suspension of sentence has been
assigned to DB-III by an order dated 9 th June 2022 passed by Hon'ble the
Chief Justice, High Court of Jharkhand, on administrative side.
2. This is second attempt by the appellant to seek suspension of
sentence during pendency of Criminal Appeal (DB) No.1175 of 2018.
3. By an order dated 19th December 2018, the application
moved by the appellant seeking suspension of sentence vide I.A
No.10536 of 2018 has been dismissed by a co-ordinate Bench of this
Court.
4. The appellant has been convicted and sentenced to RI for life
and a fine of Rs.10,000/- for the offence under section 302 of the Indian
Penal Code with default stipulation of SI for three months and RI for five
years and a fine of Rs.5,000/- for the offence under section 27 of the
Arms Act with default stipulation of SI for three months in S.T No.324 of
2010. He has been further directed to pay Rs.50,000/- as compensation to
the father of the deceased with default stipulation of SI for six months.
5. The first ground put forth by Mrs. Abha Verma, the learned
counsel for the appellant in support of I.A No.1435 of 2022 is that the
judgment in S.T No.324 of 2010 suffers from non-consideration of some
2 Criminal Appeal (DB)No.1175 of 2018
of the material aspects of the case which if being considered would bring
the case of the appellant within section 304 Part-I of the Indian Penal
Code.
6. It is stated that the appellant has remained in custody since
10th September 2012 and by now he has undergone more than 10 years of
custody.
7. Mrs. Abha Verma, the learned counsel for the appellant
would therefore urge that the appellant who has undergone half of
the period of sentence awarded to him and since there is no reasonable
possibility of hearing of Criminal Appeal (DB) No.1175 of 2018 in near
future, deserves suspension of sentence awarded to him in S.T No. 324 of
2010.
8. Mrs. Vandana Bharti, the learned APP has opposed the prayer
for grant of suspension of sentence made through I.A No.1435 of 2022.
9. Having regard to the aforesaid facts and circumstances, the
appellant, named above, is directed to be released on bail, during
pendency of this appeal, on furnishing bail bond of Rs.10,000/- (rupees
ten thousand only) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-III, Godda in S.T
No.324 of 2010, 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.
10. I.A No.1435 of 2022 stands allowed, in the aforesaid terms.
3 Criminal Appeal (DB)No.1175 of 2018
11. 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.)
sudhir
