Mohammad Danish @ Netaji @ Md. ... vs The State Of Jharkhand
2023 Latest Caselaw 1262 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. Appeal (D.B.) No. 137 of 2023
Mohammad Danish @ Netaji @ Md. Danish       .... .... 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. Arun Kumar Pandey, Advocate. For the Respondent : Mr. Shashi Kumar Verma, A.P.P.

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Order No.03/dated 22.03.2023

I.A. No. 1105 of 2023

The instant Interlocutory Application has been filed under Section

389 (1) of Cr.P.C. for suspension of sentence dated 26.11.2022 passed in S.T. No.

87 of 2015, arising out of Kadma P.S. Case No. 203 of 2014 by the Special Judge

(F.T.C.) C.A.W., Jamshedpur whereby and whereunder the appellant has been

sentenced to undergo Rigorous Imprisonment of life for the offence under Section

302/34 of the Indian Penal Code and fine of Rs. 5,000/-, in default of payment of

fine, he shall suffer further six months simple imprisonment. Appellant has further

been sentenced to undergo Rigorous Imprisonment of Five years for the offence

under Section 27 of the Arms Act and fine of Rs. 5,000/- and in default of payment

of fine, appellant shall suffer further six months simple imprisonment.

Mr. Arun Kumar Pandey, learned Counsel for the appellant has taken

the ground by showing infirmity in the judgment i.e., P.W.1 who is said to have

along with the deceased but she has refused to identify the appellant.

The prosecution has given weightage in the F.S.L. report pertaining

to identification of the pistol which was used in the commission of crime but

according to the learned Counsel for the appellant the said pistol was recovered in

connection with Mango (Moffasil) P.S. Case No. 534 of 2014 dated 08.10.2014 but

the conviction is in connection with the Kadma P.S. Case No. 203 of 2014.

The argument has also been advanced that since P.W. 1, who is said

to be an eye-witness, has not identified the appellant and there is no T.I.P. as is

being stated by the Investigating Officer then it is un-understandable that on what

basis the conviction is.

This Court after considering the aforesaid submission is hereby

calling upon the State to file objection, if any, as to why the sentence in connection

with S.T.No. 87 of 2015, arising out of Kadma P.S. Case No. 203 of 2014 be not

suspended.

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

hearing.

Let this matter be listed on 06.04.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) P.K.S.