Sukhdeo Oraon vs The State Of Jharkhand
2023 Latest Caselaw 3050 Jhar

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         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr. Appeal (SJ) No.502 of 2023
Sukhdeo Oraon                              ..... ... Appellant
                          Versus
The State of Jharkhand                    .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant: Mr. Durga Charan Mishra, Advocate For the State : Mrs. Shweta Singh, A.P.P.

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st 05/21 August, 2023 I.A. No.6989 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 of conviction and order of

sentence dated 22nd July, 2023 passed by the learned Sessions

Judge, Lohardaga in Sessions Trial No.32 of 2016, whereby and

whereunder the appellant has been convicted for the offence

under Sections 338 and 304-A of the Indian Penal Code and has

been sentenced accordingly.

2. Learned counsel for the appellant has submitted that initially the

charge-sheet was filed for the offence under Sections 338, 308

and 304 of the I.P.C. against the appellant and charge was also

framed for the same offence but after conclusion of the trial, the

appellant was convicted for the offence under Section 338 and

304-A of the I.P.C. The maximum sentence awarded by the

learned trial court is 2 years for the offence under Section 304-A

I.P.C. It is further submitted that keeping in view the nature of the

offence and sentence inflicted, the appellant may be released on

bail.

3. Learned A.P.P. appearing on behalf of the State vehemently

opposed the contentions made by the learned counsel for the

appellant and contended that the impugned judgment of

conviction and order of sentence passed by the learned trail court

needs no interference, as the same is based on proper

appreciation of the evidence.

4. Keeping in view the sentence inflicted by the learned trial court

and also the fact that this criminal appeal is not likely to be heard

in near future, I am of the view that it is a fit case for keeping the

sentence in abeyance.

5. Accordingly, the I.A. No.6989 of 2023 stands allowed.

6. In consequence, thereof, the appellant abovenamed 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 court of learned Sessions Judge,

Lohardaga in connection with S.T. Case No.32 of 2016.

7. It is made clear that any observation made in this order will not

prejudice the issue on merit as the appeal is lying pending for its

consideration.

Cr. Appeal (SJ) No.502 of 2023

8. Admit.

9. Call for the Lower Court Records.

10. List this appeal for hearing as per it's seriatim.

(Subhash Chand, J.) Rohit