Chhathu Prajapati vs The State Of Jharkhand
2023 Latest Caselaw 1498 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Cr. A. (DB) No. 19 of 2023
1. Chhathu Prajapati
2.Meghnath Prajapati @ Raghunath Prajapati
                                   ...    Appellants
                        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 Appellants : Mr. Arvind Prajapati, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.

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Order No. 06/Dated 5th April, 2023 I.A. No. 153 of 2023

At the outset, learned A.P.P. appearing for the

respondent-State has submitted that in terms of order dated

22nd March, 2023 affidavit is ready and has sought

permission to file the same before this Court. It has further

been submitted the copy of affidavit has already been served

upon the counsel for the appellants.

2. Considering the same, let the affidavit be taken on

record.

3. The instant interlocutory application has been filed

under Section 389(1) of the Cr. P.C for suspension of

sentence passed in consequence of the judgment of

conviction dated 21.12.2022 and order of sentence dated

22.12.2022 in Sessions Trial No. 284(A) of 2011 with 284(B)

of 2011 by learned Additional Sessions Judge-I, Palamau at

Daltonganj, whereby and whereunder the appellants have

been convicted under Sections 302/34 of the Indian Penal

Code and under Section 3/4 of the Prevention of Witch

Practices Act and directed to undergo rigorous

imprisonment for life and fine of Rs.10,000/- each for the

offence under Section 302 of the I.P.C and in default of

payment of fine to undergo simple imprisonment for six

months. Further they have also been sentenced to undergo

S.I for 3 months each for the offence under section 3 and 4

of the Prevention of Witch Practices Act. Both the sentences

are directed to run concurrently.

4. The matter was heard on 22nd March, 2023, wherein

learned counsel for the appellants took the grounds for

suspension of sentence of the appellants that co-convicts

namely, Nirmal Prajapati, Ishwar Prajapati and Harendra

Prajapati have been released on bail after keeping their

sentence in abeyance vide order dated 02.04.2019 and

15.04.2019 passed in Cr. Appeal (DB) No. 160 of 2019 and

Cr. Appeal (DB) No. 186 of 2019 respectively, therefore,

since the case of the present appellants are on similar

footing that of co-convict namely, Nirmal Prajapati, Ishwar

Prajapati and Harendra Prajapati as such, the instant

application may be allowed.

5. This Court taking into consideration the aforesaid

submission called upon the State to file objection as to why

the sentence be not kept in abeyance so far the present

appellants are concerned.

4. In pursuance thereto, objection by way of affidavit

has been filed by the State wherefrom it is evident that the

consideration so made by learned trial Court about the

testimony of prosecution witness has been discussed in the

impugned judgment has only been referred.

5. There was no argument advanced on behalf of

appellants on merit rather the only argument advanced on

behalf of appellants is that co-convicts namely, Nirmal

Prajapati, Ishwar Prajapati and Harendra Prajapati have

since been directed to be released on bail and the case of

the present appellants stand on similar footing, as such the

deponent by filing objection ought to have with specific

pleading as to how the case of the appellants is

distinguishable to the case of Nirmal Prajapati, Ishwar

Prajapati and Harendra Prajapati but there is no averment

to that effect.

6. This Court, taking into consideration the averments

made in the objection affidavit as also the fact that co-

convicts stand on similar footing have been released on

bail, is of the view that the interlocutory application being

I.A. No. 153 of 2023 deserves to be allowed.

8. Accordingly, the appellants, named above, are

directed to be released on bail during pendency of appeal

on furnishing bail bond of Rs.25,000/- (Twenty Five

Thousand) each with two sureties of the like amount each,

to the satisfaction of the learned Additional Sessions

Judge-I, Palamau at Daltonganj in connection in Sessions

Trial No. 284(A) of 2011 with 284(B) of 2011, arising out of

Paton P.S. Case No. 153 of 2010.

9. Interlocutory application being I.A. No. 153 of 2023

is allowed.

10. It is made clear that any observation made

hereinabove will not prejudice the case of the appellants on

merit, since, the criminal appeal is lying pending before this

Court for hearing.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Alankar/-