Rabina Bibi @ Rabina Khatoon vs The State Of Jharkhand
2023 Latest Caselaw 1036 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
       Criminal Appeal (DB) No.40 of 2023
                              ------

Rabina Bibi @ Rabina Khatoon .... .... Appellant Versus

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

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

------

For the Appellant : Mr. Soumitra Baroi, Advocate For the State : Mr. Pankaj Kr. Mishra, APP.

------

04/Dated: 01.03.2023

The interlocutory application being I.A. No.1661 of 2023 has been

filed for suspension of sentence in connection with Sessions Trial

No.440 of 2018 arising out of Govindpur P.S. Case No.199 of 2018, by

which, the appellant has been directed to undergo rigorous

imprisonment for life for the offence under Sections 302 and 201 of the

Indian Penal Code vide judgment of conviction dated 17.12.2022

passed by the learned Additional Sessions Judge-II, Dhanbad.

Learned counsel appearing for the appellant/applicant has

submitted that it is a case based upon the circumstantial evidence,

since, there is no eye witnesses, as such, the principle to establish the

allegation in the case of circumstantial evidence, even though is not

available, as would appear from the finding recorded by the learned

trial Court but even then the appellant has been convicted for the

offence under Sections 302 and 201 of the Indian Penal Code.

It has, therefore, been submitted that it is a fit case where the

sentence is required to be kept in abeyance.

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 Code of Criminal Procedure coupled with

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

Somesh Chaurasia Vrs. State of M.P. and Anr., reported in 2021

SCC OnLine SC 480, is calling upon the State to file objection, if any,

as to why the sentence be not kept in abeyance.

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

hearing.

List this matter on 22.03.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Rohit/-