Patit Pawan Gope @ Patit Gope vs The State Of Jharkhand
2023 Latest Caselaw 2012 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (D.B.) No.738 of 2019
                                          ....

1. Patit Pawan Gope @ Patit Gope

2. Tikaram Gope .... Appellants Versus The State of Jharkhand .... Respondent ....

             CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR
                             HON'BLE MR. JUSTICE KAILASH PRASAD DEO

                For the Appellants              : Mr. Indrajit Sinha, Adv.
                                                  Mr. Akhouri Awinash Kumar, Adv.
                For the State                   : Mr. P.K.Appu, A.P.P.
                                                ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

.....

07/09.05.2023 I.A. No.9419 of 2022 The instant interlocutory application has been filed on behalf of the appellant No.1, namely, Patit Pawan Gope @ Patit Gope for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 15.06.2019 and 22.06.2019 respectively passed by learned Principal District & Sessions Judge, Seraikella-Kharsawan in S.T. No.53 of 2014, whereby the appellant has been convicted and sentenced to undergo R.I. for life with a fine of Rs.5,000/- for the offence under Section 302/34 of Indian Penal Code and in default of payment of fine, further sentenced to undergo S.I. for six months.

Earlier the prayer for suspension of sentence of the appellant was rejected on merit vide order dated 25.02.2020 passed in I.A. No.10366 of 2019.

The prayer has been renewed on the ground that some of the co-convicts have been granted bail vide order dated 10.08.2022 passed in I.A. No.1432 of 2022 and vide order dated 28.06.2022 passed in Cr. Appeal (D.B.) 1141 of 2019 (I.A. No.4354 of 2022).

It has been submitted by learned counsel for the appellant that the allegation is general and omnibus in nature and there is no specific allegation of assault against this appellant and similarly situated co-convicts have already been granted bail by this Court and on the ground of parity, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail. From perusal of the record, it appears that the alleged sword has been used in commission of crime and the medical report also corroborates the said allegation.

Considering the nature of injury and the allegation, we are not inclined to reconsider the prayer for bail of the appellant. Accordingly, prayer for suspension of sentence of the appellant No.1, namely, Patit Pawan Gope @ Patit Gope stands rejected once again.

I.A. No.9419 of 2022 stands rejected.

(Rajesh Kumar, J.)

(Kailash Prasad Deo, J.)

Shahid/