Jitesh Kumar vs The State Of Jharkhand
2023 Latest Caselaw 2595 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
      Criminal Appeal (D.B.) No.141 of 2023
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Jitesh Kumar                             ....   ...    Appellant
                                Versus
The State of Jharkhand                   ...    ...    Respondent
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Arun Kumar Pandey, Advocate For the Respondent : Mr. Saket Kumar, A.P.P.

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Order No. 06/Dated 3rd August, 2023

I.A. No.1112 of 2023

This interlocutory application has been filed under

section 389(1) of the Cr. P.C for suspension of sentence

passed by learned Additional Sessions Judge-IV,

Jamshedpur on 26.11.2022 in connection with judgment of

conviction dated 22.11.2022 in S.T. No.87 of 2015 arising

out of Kadma P.S. Case No.203 of 2014 corresponding to

G.R. Case No.3144 of 2014, by which the appellant has

been convicted under Section 302/34 of the Indian Penal

Code and directed to undergo imprisonment for life along

with fine of Rs.5,000/- and rigorous imprisonment for five

years and fine of Rs.5,000/- under Section 27 of the Arms

Act and in default of payment of fine, simple imprisonment

for six months.

2. The matter was heard on 13.07.2023 and the

ground was taken that the co-convict, namely, Mohammad

Danish @ Netaji @ Md. Danish has already been directed to

be released on bail after suspension of sentence in an order

passed by this Court on 20.04.2023 in Cr. Appeal (DB)

No.137 of 2023.

3. This Court has called upon the State to file

objection in terms of the order passed by the Hon'ble Apex

Court in Somesh Chaurasia vs. State of M.P. and Anr.,

2021 SCC OnLine SC 480, and in terms thereof, affidavit

in objection has been filed.

4. Learned counsel appearing for the State is fair

enough to submit that the case of the co-convict, namely,

Mohammad Danish @ Netaji @ Md. Danish is identically

placed.

5. Considering the rival submissions made on behalf of

the parties and taking into consideration the fact that the

case of the co-convict, namely, Mohammad Danish @ Netaji

@ Md. Danish is identically placed with the appellant, as

per the discussion of the testimony made in the impugned

judgment, which having been considered, this Court is of

the view that the instant application needs to be allowed.

6. Accordingly, I.A. No.1112 of 2023 stands allowed.

7. In consequence thereof, the appellant named above, is

directed to be released on bail on furnishing bail bond of

Rs.10,000/- (Ten Thousand only) with two sureties of the like

amount each to the satisfaction of learned Additional Sessions

Judge-IV, Jamshedpur in connection with S.T. No.87 of 2015

arising out of Kadma P.S. Case No.203 of 2014

corresponding to G.R. Case No.3144 of 2014.

8. It is made clear that whatever observation has been

made hereinabove will not prejudice the case of the prosecution

on merit since the appeal is lying pending for its consideration.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) Birendra/