Jharkhand High Court
Niranjan Singh vs The State Of Jharkhand on 13 April, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No.109 of 2023
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1. Niranjan Singh
2. Chitranjan Singh @ Chiguwa Singh
.... ... 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. Ranjan Kumar Singh, Advocate
For the Respondent : Mr. Vineet Kr. Vashistha, A.P.P.
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Order No. 05/Dated 13th April, 2023
I.A. No.875 of 2023
The instant interlocutory application has been filed
under Section 389(1) of the Code of Criminal Procedure for
suspension of sentence during the pendency of the instant
appeal passed in connection with S.T. No. 85 of 2021
arising out of Godda(M) P.S. Case No.109 of 2021
corresponding to G.R. No.801 of 2021 whereby and
whereunder the appellants have been convicted for the
offence under Section 302/149 of the Indian Penal Code
and sentenced to undergo R.I. for life along with fine of
Rs.10,000/- each.
The matter was heard on 23.03.2023 and after
hearing the learned counsel for the appellants, the State
was called upon to file affidavit in objection to explain as to
why the sentence be not kept in abeyance. Affidavit has
been filed in terms of the aforesaid order.
Learned counsel appearing for the appellants has
submitted that so far as the averment made in the said
objection affidavit is concerned, the same is nothing but
reiteration of the finding recorded by the learned trial court
in the impugned judgment. However, he submits by
referring to Annexure-A, which is the communication made
by the Officer-in-charge of the Godda (M) Police Station
dated 09.04.20223 that there is no criminal antecedent
against both these appellants.
This Court, after taking into consideration the
submission made on behalf of the appellants that the
testimony of PW-1, the wife, has not been corroborated by
the evidence of PW-7, the Doctor, who has treated the
deceased at the injured condition wherein it has come that
the nature of injury was simple and such injury was not
sufficient to cause death.
Further, the death occurred after 12 days from the
date of occurrence as also considering the fact that there is
no criminal antecedent of the appellants, therefore, this
Court deems it fit and proper to allow the instant
interlocutory application.
Accordingly, the instant interlocutory application is
allowed.
The sentence, so far as it relates to the present
appellants, pertaining to S.T. No. 85 of 2021 arising out of
Godda(M) P.S. Case No.109 of 2021 corresponding to G.R.
No.801 of 2021 is hereby kept in abeyance.
In view thereof, the appellants named above, are
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand only) each with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge, Godda, in connection with S.T. No. 85 of
2021 arising out of Godda(M) P.S. Case No.109 of 2021
corresponding to G.R. No.801 of 2021.
The I.A. No.875 of 2023 stands disposed of.
It is made clear that whatever observation has been
made hereinabove will not prejudice the case of the
appellants on merit since the appeal is lying pending for its
consideration.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Birendra/
