Adikar Pareya @ Bhim vs The State Of Jharkhand
2023 Latest Caselaw 1788 Jhar

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (DB) No.256 of 2019
                              ----

Adikar Pareya @ Bhim             ...   ...     Appellant
                            Versus
The State of Jharkhand               ...   ... Respondent
                            -------

CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mrs. Abha Verma, Advocate For the Respondent : Mr. Tarun Kumar, A.P.P.

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th Order No. 06 : Dated 27 April, 2023

I.A. No. 3649 of 2023

The instant interlocutory application has been filed

under Section 389(1) of the Code of Criminal Procedure on

behalf of appellant, named above, for grant of bail during the

pendency of the instant appeal after suspending the

impugned order of sentence dated 17.01.2019 passed by the

learned Additional Sessions Judge-II, West Singhbhum at

Chaibasa in Session Trial Case No. 121 of 2014 whereby and

whereunder the appellant has been convicted for the offence

under Section 302 of the Indian Penal Code to undergo

imprisonment for life and fine of Rs. 5000/-, in default of

payment of fine he shall have to undergo an additional RI for

six months. The appellant has further been sentenced to

undergo RI for seven years and fine of Rs. 5000/- for causing

offence under Section 307 IPC, in default of fine he shall have

to undergo an additional RI for six months. The appellant is

further sentenced to undergo RI for 7 years and fine of

Rs.5000 for causing offence under Section 326 IPC and in

default of payment of fine an additional RI for six months. All

the sentences were ordered to run concurrently.

Mrs. Abha Verma, learned counsel, after assignment of

the case from JHALA to represent the appellant by way of

legal aid, appeared to represent for the appellant, has

submitted that appellant was not identified by any witness,

hence, it is a fit case where sentence inflicted upon the

appellant is required to be suspended.

While on the other hand, Mr. Tarun Kumar, learned

Additional Public Prosecutor appearing for the State, has

submitted by referring to the testimony of P.W. 8, who is the

informant has disclosed the name of the appellant by giving

her deposition that when her mother Sita Kerketta (P.W. 2)

went to rescue her husband the appellant-Bhim @ Khokho

also cut her hands with Baluwa. Submission has been made

that mother of the informant, namely, Sita Kerketa since has

sustained the injury and as such it is not a case where the

appellant has not been identified rather the appellant has

been identified by P.W. 2 and P.W. 8.

Further submission has been made that the

testimony of P.W. 2 and 8 about commission of crime by the

appellant has also been corroborated by the medical

evidence.

Learned counsel for the State on the basis of aforesaid

ground has submitted that conclusive material has come

before the trial Court basis upon which the judgment of

conviction and order of sentence has been passed, therefore,

it cannot be said that there is prima facie case for passing

order of suspension of sentence.

This Court having heard learned counsel for the parties

and taking into consideration the specific attributability

against the appellant in course of trial as would appear from

the testimony of P.W 2 and 8, who have disclosed the name of

the appellant about the assault which resulted into death of

the deceased and their testimony has also been corroborated

by the medical evidence, is of the view that no prima facie

case is made out to keep the sentence in abeyance.

The instant interlocutory application is accordingly,

dismissed.

It is made clear that any observation made herein will

not prejudice the issue on merit as the appeal is lying

pending for its consideration.

However, this Court taking into consideration of the fact

that appellant is languishing in jail for about 10 years,

therefore, office is directed to prepare paper book and supply

the same to the concerned so that the hearing of the appeal

may be expedited.

Let a copy of this order be forwarded to the appellant

through Jail Superintendent.

Let the name of Mr. Tarun Kumar, learned APP,

counsel for the State be reflected in the daily cause list.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Alankar/