Ram Chandra Kewat vs The State Of Jharkhand
2023 Latest Caselaw 1602 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
       Criminal Appeal (DB) No.108 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 Kumar Mishra, A.P.P.

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Order No. 06/Dated 13th April, 2023 I.A. No.873 of 2023

This interlocutory application has been filed under

Section 389(1) of the Code of Criminal Procedure for

suspension of sentence in connection with Sessions Trial

Case 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.

The matter was heard by this Bench on 05.04.2023

and after hearing the learned counsel for the appellant, the

State was called upon to file affidavit in objection to explain

as to why the sentence inflicted upon the appellant be not

kept in abeyance.

Learned Additional Public Prosecutor, appearing for

the State of Jharkhand, has submitted that in spite of the

fact that the order dated 05.04.203 has been

communicated to the concerned authority who is

competent to file the objection affidavit, but till date he has

not received any instruction. However, he has sought for

adjournment.

But, as would appear from the judgment passed by

the Hon'ble Apex Court in the case of Somesh Chaurasia

v. State of M.P. and Anr. reported in 2021 SCC OnLine

SC 480, the State is to be provided an opportunity to file

objection affidavit and if failed to file such objection even

after giving an opportunity, the appellate court is to

proceed to decide the application filed for suspension of

sentence.

Keeping that fact into consideration as also

considering the fact that even in spite of opportunity being

given to the State vide order dated 05.04.2023, no objection

has been filed, therefore, this Court is proceeding to

dispose of the instant interlocutory application.

This Court has perused the Lower Court Records.

The ground for suspension of sentence has been

agitated on behalf of the appellant that one of the co-

convict, namely, Sohrai Mahto @ Sahrai Mahto, has been

directed to be released from judicial custody after keeping

the sentence in abeyance vide order dated 01.11.2022

passed in Criminal Appeal (DB) No.454 of 2022.

This Court has examined the fact of the case of the

appellant in order to assess as to whether the case of the

appellant is identical to that of the case of Sohrai Mahto @

Sahrai Mahto, it is evident from the material available on

record that there is no distinction regarding the allegation

leveled against the appellant and Sohrai Mahto @ Sahrai

Mahto.

Learned Additional Public Prosecutor, while arguing

the case orally, is not in a position to differentiate the

nature of allegation said to be different in between the

appellant and the co-convict, namely, Sohrai Mahto @

Sahrai Mahto, who has been directed to be released after

suspension of the sentence vide order dated 01.11.2022

passed in Criminal Appeal (DB) No.454 of 2022.

In that view of the matter and taking into

consideration that co-convict, namely, Sohrai Mahto @

Sahrai Mahto, who has been directed to be released, this

Court is of the view that it is a case where the instant

application deserves to be allowed.

Accordingly, the instant interlocutory application is

allowed.

The sentence, so far as it relates to the present

appellant, pertaining to Sessions Trial Case No. 28 of 2020

arising out of Mahila P.S. Case No.26 of 2019

corresponding to G.R. Case No.756 of 2019, is hereby kept

in abeyance.

In view thereof, the appellant named above, is directed

to be released on bail on furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand only) with two sureties of the like

amount each to the satisfaction of learned Additional Sessions

Judge-IV-cum-Special Judge (Crime Against Women), Bokaro,

in connection with Sessions Trial Case No. 28 of 2020 arising

out of Mahila P.S. Case No.26 of 2019 corresponding to G.R.

Case No.756 of 2019.

The I.A. No.873 of 2023 stands disposed of.

It is made clear that whatever observation has been

made hereinabove will not prejudice the case of the

appellant on merit since the appeal is lying pending for its

consideration.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Birendra/