Kandana Mariya vs The State Of Jharkhand
2023 Latest Caselaw 2599 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB). No.386 of 2023
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Kandana Mariya                             ....     ....          Appellant
                                Versus

The State of Jharkhand                     ....        ....   Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Raja Ravi Shekhar Singh, Adv.

        For the State               : Mr. Saket Kumar, A.P.P.

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06/Dated: 03.08.2023

I.A. No.6353 of 2023

The instant interlocutory application has been filed for

suspension of sentence dated 09.02.2023 passed by the Addl.

Sessions Judge-I, Rajmahal, in connection with Sessions Trial

No.175/2018, arising out of Taljhari P.S. Case No.18 of 2018,

corresponding to G.R. No.152 of 2018, by which, the appellant has

been convicted for the offence under Section 376 of the IPC and

sentenced to undergo rigorous imprisonment for ten years along with

fine of Rs.1,00,000/- and in case of default of payment of fine,

further he has been directed to undergo simple imprisonment for the

period of one year.

2. Learned counsel appearing for the appellant apart from the

merit of the case has taken the ground for suspension of sentence

that the appellant has already completed more than 50 per cent of

sentence inflicted upon him.

3. He has relied upon the judgment passed by the Hon'ble Apex

Court in the case of Saudan Singh Vrs. the State of Uttar Pradesh,

passed on 05.10.2021 in Special Leave to Appeal (Crl.) No.4633 of

2021, wherein, it has been laid down by making an observation for

consideration of suspension of sentence that there may be even

convicts in custody in cases other than life sentence cases and in

those cases again, the broad parameter of 50 per cent of the actual

sentence undergone can be the basis for grant of bail.

4. But submission has been made by the learned A.P.P.

appearing for the State that he needs to seek instruction as to

whether any policy decision of the State Government either by way

of a rule or regulation or executive instruction regarding the nature of

crime treating to be heinous in nature, is there?

5. Let instruction, be taken as also the affidavit in objection, be

filed on or before the next date of hearing.

6. Let this matter be listed on 16.08.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

Rohit/-