Ram Chandra Kewat vs The State Of Jharkhand
2023 Latest Caselaw 1497 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         Cr. Appeal (DB) No. 108 of 2023
                                        With
                                I.A. No. 873 of 2023
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      Ram Chandra Kewat                           .......      Appellant
                              Versus
      The State of Jharkhand                      .......      Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. Sanjay Kumar, Advocate For the Respondent : Mr. Pankaj Kr. Mishra, APP

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th 05/Dated: 05 April, 2023

I.A. No. 873 of 2023:

The instant application has been filed under Section 389(1) of Cr.P.C. seeking therein suspension of sentence in connection with Sessions Trial No. 28 of 2020, by which the appellant has been convicted for offence committed under Section 376D of I.P.C. and sentenced to undergo rigorous imprisonment for 20 years alongwith fine of Rs.5,000/- and in default of payment of fine, was further directed to undergo simple imprisonment for three months.

Mr. Sanjay Kumar, learned counsel for the applicant has taken the ground that the co-convict, namely, Sohrai Mahto @ Sahrai Mahto, has been released from judicial custody after suspension of sentence vide order dated 01.11.2022 passed in Cr. Appeal (DB) No. 454 of 2022.

Learned counsel for the applicant has submitted that the case of the appellant of this appeal is similar to that of the aforesaid co-convict, appellant of Cr. Appeal (DB) No. 454 of 2022, as such, on this ground, this application deserved to be allowed.

Considering the aforesaid submission and taking into consideration the mandate of first proviso to Section 389 of the Cr.P.C. coupled with the judgment rendered by the Hon'ble Apex Court in Somesh Chaurasia vs. State of M.P. and Anr., 2021 SCC OnLine SC 480, is calling upon the State to file objection, if any, to explain as to why the sentence be not kept in abeyance.

Let such objection, if any, be filed on or before the next of date of hearing.

As prayed for, let this matter be listed on 13.04.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh/-