Jharkhand High Court
Jaglal Ganjhu vs The State Of Jharkhand on 23 March, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No.82 of 2023
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Jaglal Ganjhu .... ... 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. Indrajit Sinha, Advocate
Mr. Akhouri Avinash Kumar, Advocate
For the Respondent : Mr. Ravi Prakash, Spl. P.P.
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Order No. 04/Dated 23rd March, 2023
I.A. No.665 of 2023
Reference may be made to order dated 2nd
March, 2023.
In pursuance thereto, objection by way of
affidavit has been filed, copy of which has been served
upon learned counsel for the appellant.
Let the same be taken on record.
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
Sessions Trial No. 369 of 2011 by learned Additional
Sessions Judge-I, Bermo at Tenughat whereby and
whereunder the appellant has been convicted under
Sections 143, 148, 323, 325, 302/149 of the Indian Penal
Code and sentenced under Section 302/149 IPC to undergo
rigorous imprisonment for life with fine of Rs. 10,000/- and
in default of fine to undergo six months RI; further rigorous
imprisonment for three years with fine of Rs. 2000 under
Sections 325/149 IPC and in default of fine to undergo
three months RI; to undergo RI for six months and three
months each under Sections 148 and 147 IPC. All the
sentences were directed to run concurrently.
Learned counsel for the appellant raising the
ground for suspension of sentence, as per discussion made
at paragraph 31 of the impugned judgment, has submitted
that it has come that the appellant who was from the side
of Sasural of P.W. 4 reached there and assaulted P.W. 4
and his mother by lathi. In this regard, submission was
made that the appellant in any way is not related with the
deceased family rather he is a local villager and as such he
accompanied with father of the deceased. Therefore, prayer
has been made for suspension of sentence during pendency
of the appeal.
Learned counsel appearing for the State has
opposed the prayer for bail referring to averments made in
objection filed by the respondent-State and submitted that
the appellant along with other co-accused reached at the
house of informant with lathi and rod and after hearing the
news of death of Asha Devi assaulted the informant and his
mother due to which his mother namely Reshmi Devi died.
the appellant is not involved in any other case.
Heard learned counsel for the parties, perused the
Lower Court Records as also the objection filed on behalf of
the State.
It appears from the objection so filed in pursuance
to the order passed by this Court that there is no denial of
the fact that the appellant who happens to be the local
villagers having any nexus with the family members of the
deceased and informant rather he has only accompanied
the father of the deceased at the place of occurrence when
the occurrence took place.
Regard being had to the submissions made
hereinabove, this Court is of the view that it is a fit case for
suspension of sentence of the appellant during the
pendency of the instant appeal.
Accordingly, the instant interlocutory application
stands allowed.
Consequently, the appellant, namely, Jaglal
Ganjhu, is directed to be released on bail on furnishing bail
bond of Rs.25,000/- (Twenty Five Thousand only) with two
sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-I, Bermo at Tenughat, in
connection with Sessions Trial No. 369 of 2011 arising out
of Gomia P.S. Case No. 67 of 2010.
It is made clear that any observation made herein
will not prejudice the issue on merit as the appeal is lying
pending for its consideration.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Alankar/
