Ram Mohli vs The State Of Jharkhand
2023 Latest Caselaw 1296 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     Cr. Appeal (DB) No. 308 of 2023
Ram Mohli                                     .......                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. Manoj Kumar Sah, Advocate
For the State         : Ms. Shweta Singh, A.P.P
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            rd
2/Dated:23 March, 2023

         I.A. No.2306 of 2023

This interlocutory application has been filed under section 389(1) of

the Cr. P.C for suspension of sentence passed in consequence of the

judgment of conviction dated 07.02.2023 and order of sentence dated

09.02.2023 in Sessions Trial Case No.93 of 2019 by learned Sessions Judge,

Godda whereby and whereunder the appellant has been convicted under

Section 324 and 307 of the Indian Penal Code and directed to undergo

rigorous imprisonment for 10 years with fine of Rs.10,000/ for the offence

under Section 307 of the I.P.C and in default of payment of fine he shall

undergo six months simple imprisonment. He further sentenced to undergo

rigorous imprisonment for two years for the office under Section 324 of the

I.P.C.

Mr. Manoj Kumar Sah, learned counsel appearing for the appellant

has submitted by referring to the report of the doctor as has been discussed at

paragraph 12 of the impugned order wherefrom it is evident that the nature

of injury sustained is simple in nature. It has not come that the injury so

sustained is enough to take the life of the person concerned.

Learned counsel for the appellant, in view thereof, has submitted that

the sentence pertaining to Sessions Trial Case No.93 of 2019 arising out of

Lalmatia P.S.Case no.118 of 2018 may be stayed on the aforesaid ground.

This Court after having heard learned counsel for the appellant, is

hereby calling upon the State to file objection as to why the sentence in

connection with Sessions Trial Case No.93 of 2019 passed by learned

Sessions Judge, Godda be not kept in abeyance.

Such objection, if any, be filed on or before the next date of hearing.

List this case on 13.04.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saket/-