Arif Khan vs The State Of Jharkhand
2023 Latest Caselaw 2592 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No.502 of 2023
Arif Khan                                    ..... ... Petitioner
                           Versus
The State of Jharkhand                       .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner     : Ms. Alka Kumari, Advocate
For the State          : Mr. Saket Kumar, A.P.P.
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03/3 August, 2023
      rd


I.A. No.5190 of 2023

1. The instant interlocutory application has been filed on behalf of

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

sentence in connection with judgment dated 3rd March, 2023

passed by the learned Additional Sessions Judge-I, Latehar in

Criminal Appeal No.29 of 2016, whereby learned appellate court

while dismissing the appeal has confirmed the judgment of

conviction and sentence dated 23rd July, 2016 passed by the

learned Chief Judicial Magistrate, Latehar in connection with

Balumath P.S. Case No.139 of 2009 corresponding to G.R. No.705

of 2009 convicting the petitioner for the offence under Sections

279, 337, 338 and 304-A of the I.P.C. and was directed to undergo

rigorous imprisonment for six months under Section 279 and 337,

one year rigorous imprisonment for the offence under Section 338

of the I.P.C. and two years rigorous imprisonment for the offence

under Section 304-A I.P.C. All the sentences were directed to run

concurrently.

2. Learned counsel for the petitioner has submitted that there is no

eye witness of the occurrence, so as to prove the rash and

negligent driving in order to hold the petitioner guilty for the

charge framed against him. It is further submitted that the I.O. in

this case was not examined and the witnesses who were

examined on behalf of the prosecution were the interested

witnesses.

3. Learned A.P.P. opposed the contentions made by the learned

counsel for the petitioner.

4. In view of the submissions made and keeping in view the nature

of the offence and the sentence imposed, I am of the view that it

is a fit case for keeping the sentence in abeyance.

5. Accordingly, the I.A. No.5190 of 2023 stands allowed.

6. In consequence, thereof, the abovenamed petitioner is directed to

be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand) with two sureties of the like amount each

to the satisfaction of the learned Chief Judicial Magistrate, Latehar

in connection with Balumath P.S. Case No.139 of 2009.

Cr. Revision No.5190 of 2023

7. Admit.

8. Call for the Lower Records from the court concerned and list this

case for hearing as per it's seriatim.

(Subhash Chand, J.) Rohit