Naulesh Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 2272 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
       Criminal Appeal (D.B.) No.67 of 2023
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Naulesh Kumar Singh                      ....   ...     Appellant
                                Versus
The State of Jharkhand                   ...    ...     Respondent
                                 With
         Criminal Appeal (D.B.) No.117 of 2023
                           -----

Raghubansh Jee @ Chiretan Ganjhu @ Raghubansh Ganjhu @ Ramnath Singh Bhokta... ... Appellant Versus The State of Jharkhand ... ... Respondent

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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. A.K.Chaturvedi, Advocate For the Respondent : Mr. Pankaj Kumar, P.P.

Mrs. Anuradha Sahay, A.P.P.

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Order No. 14/Dated 6th July, 2023

I.A. No.1714 of 2023 in Cr. Appeal (DB) No.117 of 2023 This interlocutory application has been filed under

Section 389(1) of the Code of Criminal Procedure for

suspension of sentence dated 22.12.2022 passed in

connection with Sessions Trial No. 102 of 2021 arising out of

Hunterganj P.S. Case No.130 of 2017, by learned Additional

Sessions Judge-I, Chatra whereby and whereunder the

appellant has been convicted under Sections 302/34 IPC and

27 of the Arms Act; and sentenced to undergo rigorous

imprisonment for life with fine of Rs. 25,000/- for committing

the offence under Section 302/34 IPC and rigorous

imprisonment for three years with fine of Rs. 3000/- under

Section 27 of the Arms Act. In default of fine to undergo six

months Simple Imprisonment. Both the sentences were

directed to run concurrently

The matter was heard by this Bench on 19.04.2023

and after taking into consideration the submission made on

behalf of the appellant that the imputation against the

appellant cannot be said to be based upon the cogent

evidence for convicting him if the testimony of PW-2, PW-3

and PW-4 will be taken into consideration since they have

deposed that they have not identified the appellant.

The aforesaid submission has been made by making

reference of the paragraph-2 of the testimony of PW-2,

paragraph-4 of the testimony of PW-3 and paragraph-4 of the

testimony of PW-4.

The ground has also been taken that one of the co-

accused, namely, Naulesh Kumar Singh has been directed to

be released on bail after keeping the sentence in abeyance

vide order dated 13.04.2023 passed in Criminal Appeal (DB)

No.67 of 2023.

This Court, on consideration of the aforesaid ground,

had called upon the State to file objection in the light of the

judgment rendered by Hon'ble Apex Court in the case of

Somesh Chaurasia v. State of M.P. and Another, reported

in 2021 SCC OnLine SC 480.

The objection has been filed on behalf of the State

wherein the ground has been taken by making reference of

the allegation as has been levelled against the appellant and

apart from that the reference of criminal antecedent and a

report has also been appended that a sum of Rs.10 lakhs has

been declared as a bounty upon the appellant and in support

thereof, communication dated 02.05.2023 as under

Annexure-1 has been appended with the aforesaid affidavit.

Another communication issued by the

Superintendent, Loknayak Jaiprakash Narayan Central Jail,

Hazaribagh dated 01.05.2023 has also been appended

whereby and whereunder the conduct of the appellant has

been reported to be satisfactory during his custody. However,

the reference of antecedent has been made and on that

ground serious opposition has been made in keeping the

sentence in abeyance.

The appellant filed response to the aforesaid objection

affidavit and has stated as under paragraphs- 3 and 4 that

although the Government has declared a sum of Rs.10 lakhs

by way of bounty, but the appellant has surrendered on

08.03.2021 under the Jharkhand State Extremists Surrender

and Rehabilitation Policy and in support thereof surrender

certificate issued by the Superintendent of Police Chatra

dated 09.07.2021 has been annexed.

Learned counsel for the appellant has submitted that

since the witnesses, in course of trial, have not identified the

appellant and one co-accused, namely, Naulesh Kumar Singh

has already been granted bail after keeping his sentence in

abeyance, as such, it is a fit case where the sentence is to be

suspended.

In response to the contention of the State that the

appellant is having criminal antecedent, it has been stated

that the appellant under the State Government policy has

surrendered so that he may come to the main stream of the

society and the occurrence which is the subject matter of the

instant appeal is about 04 years prior to the date of surrender

and, therefore, the ground which is being taken that due to

the criminal antecedent the sentence may not be suspended,

cannot be fit to be accepted, otherwise the very purpose of the

Rehabilitation Policy will be meaningless.

It has been submitted that if the commission of crime

which is the subject matter of the instant appeal would have

been after the date of surrender, the matter would have been

different.

It has further been submitted by referring to the

report of the Superintendent, Loknayak Jaiprakash Narayan

Central Jail, Hazaribagh that his conduct during the custody

period has been found to be satisfactory.

The argument has also been advanced that the fact

about the surrender in view of the Government Policy ought

to have been brought to the notice but the said fact has

consciously been suppressed.

We, on consideration of the aforesaid fact, have

passed order on 05.07.2023 directed the personal appearance

of Superintendent of Police, Chatra along with the concerned

Police Inspector, Hunterganj Police Station, Chatra, on whose

reporting the affidavit has been filed by one Sushil Tudu,

Sub-Inspector of Police, posted in the district.

Mr. Rakesh Ranjan, Superintendent of Police, Chatra

is present along with Mr. Pramod Pandey, Police Inspector,

Hunterganj Police Station, Chatra.

The Superintendent of Police, Chatra has submitted

that mistake has been committed which cannot be disputed.

Mr. Pankaj Kumar, learned Public Prosecutor has also

submitted that mistake has been committed.

This Court, on the basis of the submission made on

behalf of the Superintendent of Police, Chatra and the learned

Public Prosecutor as also taking into consideration the

testimony of PW-2, PW-3 and PW-4 wherein the appellant has

not been identified and since one of the co-accused, namely,

Naulesh Kumar Singh has been directed to be released on

bail vide order dated 13.04.2023 passed in Criminal Appeal

(DB) No.67 of 2023, is prima facie is of the view that it is a

case where the instant application deserves to be allowed.

Accordingly, the instant interlocutory application is

allowed.

The sentence, so far as it relates to the present

appellant, pertaining to Sessions Trial No. 102 of 2021 arising

out of Hunterganj P.S. Case No.130 of 2017 is hereby kept in

abeyance.

In view thereof, the appellant, namely, Raghubansh Jee

@ Chiretan Ganjhu @ Raghubansh Ganjhu @ Ramnath Singh

Bhokta, is directed to be released on bail on furnishing bail

bond of Rs.10,000/- (Rupees Ten Thousand only) with two

sureties of the like amount each to the satisfaction of learned

Additional Sessions Judge-I, Chatra, in connection with

Sessions Trial No. 102 of 2021 arising out of Hunterganj P.S.

Case No.130 of 2017.

The I.A. No.1714 of 2023 stands disposed of.

It is made clear that whatever observation has been

made hereinabove will not prejudice the case of the appellant

on merit since the appeal is lying pending for its

consideration.

Criminal Appeal (D.B.) No.117 of 2023

This Court, after allowing the aforesaid interlocutory

application is required to refer herein the conduct of the

authorities.

This Court, after hearing the argument made on

behalf of the appellant, prima facie is of the view that

document relating to surrender by the appellant in view of the

Government Policy has consciously not been brought on

record.

This Court is also required to consider that if the

Government has come out with a policy to tackle the issue of

extremist so that they may come in the main stream of the

society and if a person, who is found to be involved in the

extremist activities, has surrendered before the police

authority and wanted to live a peaceful life and if he is living,

then the purpose is to give a message to the extremists so

that they may be prompted and surrender on their own.

The purpose of the said policy, therefore, is to handle

the extremist's issue by prompting the persons who have

been found to be associated with the extremist organizations,

but, herein, the appellant has surrendered on its own on

08.03.2021 but consciously this fact has not been brought to

the notice of this Court which this Court considers to be not

simple in nature, since the objection affidavit has been filed

on 03.05.2023 but without disclosing therein the fact about

surrender of the appellant who has already surrendered on

08.03.2021 and if the aforesaid surrender certificate dated

09.07.2021 would have been brought to the notice along with

objection affidavit then the same would have been considered

and the matter would have been disposed of on the basis of

the objection affidavit.

It is the bounden duty of the parties is to come to the

court with clean hands and it is expected to be strictly

followed by the police officials or the administrative

authorities.

But, this Court is of the view that not filing of the said

surrender certificate is certainly serious lapse on the part of

the police authority.

The Superintendent of Police, Chatra, however, has

submitted when the Court has put a query to him that what

action he is proposing to take against the erring officials, he

has submitted that appropriate action will be taken and the

same will be reported to this Court by way of an affidavit.

Accordingly, let these cases be listed on 20.07.2023

so that the action report be brought on notice by way of an

affidavit.

The personal appearance of Mr. Rakesh Ranjan,

Superintendent of Police, Chatra and Mr. Pramod Pandey,

Police Inspector, Hunterganj Police Station, Chatra, is

dispensed with.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Birendra/