Jitesh Kumar vs The State Of Jharkhand
2023 Latest Caselaw 2294 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           Cr. Appeal (DB) No. 141 of 2023
                                            With
                       I.A. No. 1112 of 2023 & I.A. No. 4781 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 SUBHASH CHAND

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For the Appellant : Mr. A.K. Kashyap, Advocate For the Respondent : Mr. Ravi Prakash, Spl. PP

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th 04/Dated: 13 July, 2023

I.A. No. 4781 of 2023:

1. This interlocutory application has been filed for condoning the delay of 03 days, which has occurred in preferring this appeal.

2. No counter affidavit to the delay condonation application has been filed.

3. Heard the learned counsel for the parties.

4. Having heard the learned counsel for the appellant and considering the statements made in this application, we are of the view that the appellant was prevented by sufficient cause in preferring this appeal within time.

5. Accordingly, this interlocutory application is allowed and the delay of 03 days in preferring this appeal, is hereby condoned.

Cr. Appeal (DB) No. 141 of 2023:

6. Heard the learned counsel for the parties.

7. Admit.

8. Mr. Saket Kumar, learned APP waives notice on behalf of the respondent-State.

I.A. No. 1112 of 2023:

9. The instant application has been filed under Section 389(1) of Cr.P.C. seeking therein suspension of sentence in connection with Sessions Trial No. 87 of 2015, by which the appellant has been convicted and sentenced to undergo imprisonment for life for the offence under Section 302/34 of IPC alongwith fine of Rs.5,000/- and in default of payment of fine, has been further directed to

undergo simple imprisonment for six months and under Section 27 of the Arms Act, has been directed to undergo rigorous imprisonment for five years alongwith fine of Rs.5,000/- and in default of payment of fine, has been further directed to undergo simple imprisonment for six months.

10. It has been contended on behalf of the appellant that FIR was registered against the unknown, however, complicity of the appellant has been surfaced in course of investigation but the appellant has not been identified since no TIP was conducted.

11. It has been contended that another co-convict, namely, Mohammad Danish @ Netaji @ Md. Danish, who has been convicted along with the appellant of this case, has also been directed to undergo rigorous imprisonment for life, however, he has been directed to be released on bail after the sentence having been suspended by this Court vide order dated 20.04.2023 passed in Cr. Appeal (DB) No. 137 of 2023.

12. Learned counsel for the appellant on the basis of the aforesaid premise has submitted that this application may also be allowed.

13. This Court, after having heard the learned counsel for the appellant/applicant and taking into consideration the mandate of first proviso to Section 389 of the Cr.P.C. coupled with the judgment rendered by the Hon'ble Apex Court in Somesh Chaurasia vs. State of M.P. and Anr., 2021 SCC OnLine SC 480, is calling upon the State to file objection, if any, to explain as to why the sentence be not kept in abeyance.

14. Let such objection, if any, be filed on or before the next of date of hearing.

15. Let this matter be listed on 27.07.2023 along with the record of Cr. Appeal (DB) No. 137 of 2023 since it has been informed that in Cr. Appeal (DB) No. 137 of 2023, LCR had been called for.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh/-