Satya Charan Baski vs The State Of Jharkhand
2023 Latest Caselaw 762 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Cr. Appeal (DB) No. 940 of 2015

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Satya Charan Baski ... ... Appellant Versus The State of Jharkhand ... ... Respondent

PRESENT HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND .....

For the Appellant : Mr. Arwind Kumar, Advocate For the Respondent : Mr. Bhola Nath Ojha, APP .....

ORAL ORDER 14/Dated: 13th February, 2023

One interlocutory application being I.A. No.7128 of 2022 has been filed under Section 389(i) of the Criminal Procedure Code for suspension of sentence in connection with the judgment of conviction and sentence passed in Sessions Trial No. 96 of 2013 dated 25.07.2015.

It appears from the disclosure made by the appellant as under para-2 that earlier to the instant interlocutory application, one interlocutory application being I.A. No.7649 of 2016 had been filed but was rejected on 14.02.2018 by a co-ordinate Division Bench of this Court as would appear from the Order No.12.

Learned counsel for the appellant has relied upon a judgment rendered by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and Anr., (2022) 10 SCC 51 wherein the Hon'ble Apex Court has been pleased to consider the application filed under Section 389(i) of the Criminal Procedure Code for suspension of sentence in a case where there is no likelihood of appeal being taken up.

Mr. Bhola Nath Ojha, learned APP appearing for the respondent- State has submitted by referring to the order dated 14.02.2018 that the case of the appellant had already been rejected on merit, as such, now

the instant interlocutory application has been filed for consideration of the bail not on merit but on the ground that there is no likelihood of appeal being taken up.

Learned counsel for the appellant, upon this, has submitted that he is ready to argue the matter on merit.

Learned APP is having no objection if the appeal will be heard on merit.

Considering the same, let this matter be listed on 20.02.2023 so that the appeal be heard on merit.

Office is directed to supply the paperbook latest by Friday of this week.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh /