Dilip Ravidas @ Dilip Kumar Ravi vs The State Of Jharkhand
2023 Latest Caselaw 4208 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Criminal Appeal (DB) No. 399 of 2021
        Dilip Ravidas @ Dilip Kumar Ravi               --- --- Appellant

                                          Versus
        The State of Jharkhand                                 --- --- Respondent
                                                 .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Rajesh Kumar, Advocate For the State : Mr. Vineet Kumar Vashishtha, Spl.P.P.

Order No.07/ Dated 8th November, 2023

Learned Spl.P.P. representing the State has sought for time to file objection in view of the judgment rendered by the Hon'ble Supreme Court in the case of Somesh Chaurasia Vrs. State of M.P. & Anr. reported in 2021 SCC OnLine SC 480.

Considering the same, let the matter be posted on 21.12.2023 so that affidavit in objection be filed on or before the next date.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 148 of 2021 Chandan Kumar Yadav @ Chandan Kumar --- --- Appellant Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. Nilesh Kumar, Advocate For the State : Mr. Shailendra Kumar Tiwari, A.P.P. For the UOI : Mr. Anil Kumar, Addl. SGI

Order No.07/ Dated 8th November, 2023

1. Although time was allowed thrice to the State to file affidavit in objection but still objection has not been filed.

2. We are conscious about the fact in the matter of suspension of sentence under Section 389(1) Cr.P.C., as per the judgment of the Hon'ble Apex Court in the case of Somesh Chaurasia Vrs. State of M.P. & Anr. reported in 2021 SCC OnLine SC 480 one opportunity is to be granted to the State to file objection.

3. We, on taking into consideration the large quantity of contraband, which is subject matter of conviction, deem it proper to grant one further indulgence to the State to file objection.

4. It is made clear that if the objection is not filed, on the next date of hearing the Superintendent of Police, East Singhbhum, Jamshedpur and the Investigating Officer of the instant case have to appear in person with the explanation.

5. Learned Addl.S.G.I. Mr. Anil Kumar has also submitted that he has already taken instruction from the Joint Director, Narcotics Control Bureau (NCB). He has also sought for time to file affidavit.

6. With the consent of the parties, let the matter be posted on 28.11.2023. Let the name of Mr. Anil Kumar, learned Addl. S.G.I appear in the cause list representing the Union of India, henceforth.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 358 of 2023 Kunwar Ganjhu --- --- Appellant Versus Union of India through National Investigation Agency, Ranchi

--- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. Shashank Shekhar Prasad, Advocate For the NIA : Mr. Amit Kumar Das, Advocate

Order No.07/ Dated 8th November, 2023

Heard learned counsel for the parties. With the consent of both the parties, list this case on 18.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1035 of 2023 Priya Ranjan Banerjee --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Akhouri Awinash Kumar, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P.

Order No.05/ Dated 3rd November, 2023

As prayed for by learned counsel for the appellant, list this case on 19.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1037 of 2023 Ravi Kumar Saw --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Mukesh Bihar Lal, Advocate For the State : Mr. Sailesh Kumar Sinha, A.P.P.

Order No.05/ Dated 3rd November, 2023

As prayed for by Mr. Mukesh Bihar Lal, learned counsel for the appellant, list this case on 19.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1127 of 2023 Pravesh Vishwakarma @ Ram Pravesh Vishwakarma @ Pravesh Kumar Vishwakarma --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Ms. Juhi Kumari, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

Order No.05/ Dated 3rd November, 2023

Prayer for adjournment is made by learned counsel Ms. Juhi Kumari on the ground of personal difficulty of learned Senior Counsel Mr. A.K. Kashyap.

On consideration of the prayer, list this case on 20.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1120 of 2023 Gourango Kumar @ Gourango Mahto --- --- Appellant

Versus State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Atanu Banerjee, Advocate For the State : Mr. Satish Prasad, A.P.P. For the Informant : Mr. Nishant Kumar Roy, Advocate

Order No.05/ Dated 3rd November, 2023

As prayed for by learned counsel for the appellant, list this case on 19.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1101 of 2023 Guddu Mahto --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Niraj Narayan Mishra, Advocate For the State : Ms. Snehlika Bhagat, A.P.P.

Order No.03/ Dated 3rd November, 2023

As prayed for by learned counsel for the appellant, list this case on 19.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1143 of 2023 Suraj Pingua @ Suraj Patro --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Md. Imran Beig, A.C to Mr. Vishal Kr. Tiwary, Advocate For the State : Ms. Snehlika Bhagat, A.P.P.

Order No.05/ Dated 3rd November, 2023

Prayer for adjournment is made on the ground that arguing counsel Mr. Vishal Kumar Tiwary is not ready with the matter today.

Such submission has been made in the presence of learned A.P.P. On consideration of the prayer made, list this case on 20.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1128 of 2023 Rahul Thakur & others --- --- Appellants

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Ajit Kumar, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P. For the Informant : Mr. Brajesh Kr. Singh, Advocate

Order No.05/ Dated 3rd November, 2023

Learned counsel for the appellant has submitted that one another co-convict namely Ritesh Thakur has preferred Criminal Appeal (DB) No. 1250 of 2023 which is also pending before this Court.

Considering the submission made by learned counsel for the appellant, let the instant case be listed along with Criminal Appeal (DB) No.1250 of 2023 on 20.12.2023.

Learned counsel for the appellant, in the meanwhile, undertakes to supply the copy of the memo of appeal along with interlocutory application upon learned counsel for the informant.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1237 of 2023 Ghasi Ram Korah @ Ghahi Ram Korah --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Anjani Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P.

Order No.09/ Dated 3rd November, 2023

Prayer for adjournment is made by learned P.P. Mr. Pankaj Kumar on the ground of non-availability of learned A.P.P. on record Mrs. Nehala Sharmin, since she is engaged in some other Court.

As prayed for, list this case after Diwali Holidays on 08.12.2023 so that in the meantime, learned A.P.P may file affidavit in objection pursuant to the order dated 20.09.2023 on or before the next date of hearing.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 725 of 2023 Ganga Ram Birua @ Telo --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Awnish Shankar, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P.

Order No.07/ Dated 3rd November, 2023

Learned A.P.P. representing the State has sought for time to file objection in view of the judgment rendered by the Hon'ble Supreme Court in the case of Somesh Chaurasia Vrs. State of M.P. & Anr. reported in 2021 SCC OnLine SC 480.

Considering the same, let the matter be posted on 19.12.2023 so that affidavit in objection be filed on or before the next date.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1019 of 2023 Binod Singh @ Binod Kumar @ Binod Kumar Singh and another --- --- Appellant

Versus The State of Jharkhand --- --- Respondent With Criminal Appeal (DB) No. 1129 of 2023 Kunal Kumar @ Kunal Singh --- --- Appellant

Versus The State of Jharkhand --- --- Respondent

.......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Ms. Shabina Perween, A.C to Mr. Jitendra S. Singh, Advocate : Mr. Randhir Kumar, A.C to Mr. Jitendra S. Singh, Advocate For the State : Mr. Sanjay Kr. Srivastava, A.P.P.

: Mr. V.S. Sahay, A.P.P.

For the Informant : Mr. T.N. Verma, Advocate

Order No.06/ Dated 3rd November, 2023

Prayer for adjournment is made on behalf of learned counsel for the appellant Mr. Jitendra Shankar Singh on the ground of bereavement in his family.

Mr. T. N. Verma, learned counsel for the informant submitted that learned counsel for the appellant may be directed to serve the copy of memo of appeals and the interlocutory application seeking suspension of sentence upon him.

Learned counsel for the appellant upon this submitted that copies will be supplied to the learned counsel for the informant by Monday.

As prayed for by learned counsel for the appellant, list this case on 19.12.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1005 of 2023 Sanatan Mahato --- --- Appellant

Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Vaibhav Kumar, Advocate For the State : Mr. Shashi Kr. Verma, A.P.P.

Order No.5/ Dated 3rd November, 2023

I.A. No. 5596 of 2023 The instant interlocutory application has been filed for suspension of sentence of the appellant under Section 389(1) of Cr.P.C., against the judgment of conviction dated 20.04.2023 and order of sentence dated 29.04.2023 passed in Case No. POCSO 21 of 2019 arising out of Chouka P.S. Case No. 15 of 2019 by the learned Special Judge, POCSO Act, Seraikella- Kharsawan whereby and whereunder, the appellant has been convicted for the offence punishable under Section 376(3) of the IPC and Section 6 of the POCSO Act and has been sentenced to undergo R.I. for life with a fine of Rs.20,000/- and in default of payment of fine to further undergo S.I. for 2 years under Section 6 of the POCSO Act in view of Section 42 of the POCSO Act.

2. Learned counsel for the appellant submitted that there is wide contradiction in the testimonies of the other prosecution witnesses vis-a- vis the testimony of the victim P.W.6. As such, it is a fit case where the sentence is to be suspended.

3. While on the other hand, learned A.P.P. vehemently opposed to the prayer by referring to the testimony of the victim P.W.6 aged about 3 years, who supported the prosecution version. It has further been contended that the version of the victim has also been supported by the Doctor-P.W.7. In the aforesaid premises, learned A.P.P. has submitted that it is not a fit case where sentence is to be suspended.

4. We have heard learned counsels for the parties; gone across the impugned judgment including the findings recorded by the learned Trial Court; the testimony of the witnesses, particularly of P.W.6 (the victim),

as is available on LCR along with other documents.

5. On consideration of the testimony of the victim-P.W.6, who is a minor aged about 3-4 years at the time of occurrence and has supported the prosecution version and remained fully consistent in her answer to the questions put forth by the Court and her testimony finds corroboration in the testimony of the doctor-P.W.7, this Court is of the view that it is not a fit case where sentence is to be suspended.

6. Accordingly, the prayer for suspension of sentence made through I.A. No. 5596 of 2023 is rejected.

7. However, any observation made herein above will not prejudice the case of the parties, since the appeal is pending for its consideration under the heading for hearing.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 971 of 2023 Manoj Mahto @ Ajay Kumar aged about 25 years S/o Misar Mahto, resident of village Dumka Road Bhatdiha Sarkanda Chowk, Godda, P.S. Godda, P.S. Godda, District-Godda

--- --- Appellant Versus The State of Jharkhand --- --- Respondent .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Anil Kumar Ganjhu, Advocate : Ms. Priyanka Kumari, Advocate For the State : Mr. Someshwar Roy, A.P.P.

Order No.5/ Dated 3rd November, 2023

I.A. No. 7239 of 2023

1. The instant interlocutory application has been preferred under Section 21(5) of the NIA Act for condoning the delay of 7 days in preferring the instant appeal.

2. Heard the parties.

3. Considering the sufficient cause as has been referred in the interlocutory application and having no objection on the part of the Respondent State, the delay of 7 days in preferring the instant appeal is hereby condoned.

4. I.A. No. 7239 of 2023 stands allowed.

Criminal Appeal (DB) No. 971 of 2023

5. The instant appeal, filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 25.02.2023 passed in B.P. No. 20 of 2023 by the learned Sessions Judge, Godda in connection with Godda (M) P.S. Case No. 346 of 2022 registered under Sections 25(1-AA), 26/35 of the Arms Act whereby and whereunder the prayer for regular bail of the appellant has been rejected.

6. Learned counsel for the appellant has submitted that save and except the confessional statement of the co-accused, there is nothing against the appellant.

7. Learned counsel for the appellant has taken the ground that identically placed co-accused namely Pankaj Yadav @ Pankaj Kumar Yadav has been directed to be released on bail in Criminal Appeal (DB)

No. 856 of 2023 vide order dated 24.08.2023. It has further been submitted that there is no criminal antecedent against the appellant.

8. While on the other hand, learned A.P.P., although has opposed the prayer for bail, however, he is fair enough to submit after going through the materials available on record that the appellant has no criminal antecedent and the fact that identically placed co-accused person has been directed to be released on bail has also not been disputed.

9. Having regard to the aforesaid facts and circumstances of the case and also the fact that identically placed co-accused namely Pankaj Yadav @ Pankaj Kumar Yadav has been directed to be released on bail in Criminal Appeal (DB) No. 856 of 2023 vide order dated 24.08.2023, this Court is of the view that impugned order needs to be interfered with.

10. Accordingly, the instant appeal stands allowed.

11. In view thereof, the order dated 25.02.2023 passed in B.P No. 20 of 2023 is hereby quashed and set aside.

12. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Godda in connection with Godda (M) P.S. Case No. 346 of 2022, subject to the condition that the appellant shall appear on each and every date before the Trial Court, failing which, the learned Trial Court will be at liberty to cancel the bail bonds.

13. Accordingly, the instant appeal stands disposed of.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) A.Mohanty