Gendu Mahto @ Ghandhu Mahto @ ... vs The State Of Jharkhand
2023 Latest Caselaw 3736 Jhar

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      IN THE HIGH COURT OF JHARKHAND                              AT RANCHI

                         Cr. Appeal (DB) No. 691 of 2023
                                        With
                                I.A. No. 4154 of 2023
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Gendu Mahto @ Ghandhu Mahto @ Gandhu Mahto ... ... Appellant Versus The State of Jharkhand ....... Respondent

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

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For the Appellant : Mr. Atanu Banerjee, Advocate For the Respondent : Mrs. Kumari Rashmi, APP

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th 07/Dated: 05 October, 2023

I.A. No. 4154 of 2023:

1. The instant application has been filed under Section 389(1) of Cr.P.C. seeking therein suspension of sentence in connection with the judgment of conviction dated 21.03.2023 and order of sentence dated 23.03.2023 passed by the learned District & Additional Sessions Judge-II, Fast Track Court (Crime Against Woman) Bermo at Tenughat in connection with Sessions Trial No. 137 of 2018 arising out of Kasmar P.S. Case No. 70 of 2017 corresponding to G.R. Case No. 816 of 2017, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.15,000/- for the offence under Section 376 of IPC and in default of payment of fine, has been further directed to undergo simple imprisonment for one year. The appellant/applicant has also been convicted and sentenced to undergo rigorous imprisonment for 02 years for the offence under Section 506 of IPC along with fine of Rs.1,000/- and in default of payment of fine, has been further directed to undergo simple imprisonment for 02 months.

2. Learned Additional Public Prosecutor appearing for the respondent-State of Jharkhand has sought for two weeks' time to file objection as to why the sentence in connection with Sessions Trial No. 137 of 2018 arising out of Kasmar P.S. Case No. 70 of 2017 corresponding to G.R. Case No. 816 of 2017, be not suspended.

3. This Court, after having heard the learned counsel for the appellant/applicant and taking into consideration the mandate of first

proviso to Section 389 of the Cr.P.C. coupled with the judgment rendered by the Hon'ble Apex Court in Somesh Chaurasia vs. State of M.P. and Anr., 2021 SCC OnLine SC 480, is calling upon the State to file objection, if any, to explain as to why the sentence be not kept in abeyance in connection with the judgment of conviction dated 21.03.2023 and order of sentence dated 23.03.2023 passed by the learned District & Additional Sessions Judge-II, Fast Track Court (Crime Against Woman) Bermo at Tenughat in connection with Sessions Trial No. 137 of 2018 arising out of Kasmar P.S. Case No. 70 of 2017 corresponding to G.R. Case No. 816 of 2017.

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

5. Let this matter be listed on 03.11.2023.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

Saurabh/-