Jharkhand High Court
Bitan Oraon vs The State Of Jharkhand on 29 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 485 of 2015
--------
Bitan Oraon, s/o late Gobra Sukra Oraon, r/o Village-Juria Barka
Toli, PO & PS-Lohardaga, District-Lohardaga. ... Appellant
Versus
The State of Jharkhand ... Respondent
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mr. Sandip Kumar Barnwal, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl. PP
--------
Order No. 19/Dated: 29th September 2022
I.A No. 6089 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 the
administrative side.
2. Bitan Oraon who is the appellant in Criminal Appeal
(DB) No. 485 of 2015 has preferred the present interlocutory
application seeking suspension of sentence pending final hearing
in the aforesaid appeal.
3. This is second attempt by the appellant seeking
suspension of sentence during pendency of Criminal Appeal (DB)
No. 485 of 2015.
4. The appellant has been convicted and sentenced to RI
for life and fine of Rupees Ten thousand under section 302 IPC.
5. The learned counsel for the appellant submits that the
appellant has remained in custody for about ten years and nine
months - the appellant was taken into custody on 14 th January
2012.
6. The learned counsel for the appellant submits that the
judgment in S.T Case No. 49 of 2012 running into nine pages
refers to only presumptions in law on the basis of which the
2 Criminal Appeal (DB) No. 485 of 2015
appellant has been convicted under section 302 of the Indian Penal
Code (in short, IPC).
7. The learned counsel for the appellant would further
submit that the appellant and the deceased Mani Ram Oraon are
real brothers and were sharing the common courtyard. There was
no motive imputed to the appellant by the prosecution for murder
of Mani Ram Oraon except a land dispute in the past.
8. In the aforesaid facts, the plea urged on behalf of the
appellant is that in the heat of passion the appellant attacked his
brother with tangi and while so the offence committed by the
appellant shall fall under section 304 Part-II IPC.
9. The learned Spl. PP has opposed the prayer for
suspension of sentence.
10. Having regard to the aforesaid facts and circumstances
in the case, more particularly, period of about eleven years already
having been undergone by the appellant, we are inclined to
suspend the sentence awarded to the appellant in S.T Case No. 49
of 2012.
11. Accordingly, the appellant, namely, Bitan Oraon, 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 Sessions Judge, Lohardaga in S.T. Case No.49 of 2012
arising out of G.R Case No. 26 of 2012 corresponding to Lohardaga
P.S Case No. 6 of 2012, 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;
3 Criminal Appeal (DB) No. 485 of 2015
(iii) the appellant shall disclose his present address
and mobile number to the investigating officer of the case.
12. I.A No. 6089 of 2022 stands allowed, in the aforesaid
terms.
13. 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.)
Amit/
