Jharkhand High Court
Rajesh Ravidas @ Rajesh Ram vs The State Of Jharkhand on 9 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
Cr. Appeal (SJ) No. 58 of 2023
Rajesh Ravidas @ Rajesh Ram ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Anjani Kumar, Advocate
For the State : Mr. Tarun Kumar, APP
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th
Order No.04/Dated: 9 October, 2023
I.A. No.8698 of 2023
This present Interlocutory Application has been filed for
suspension of sentence during pendency of this criminal appeal.
The present criminal appeal is directed against the judgment of
conviction dated 16.12.2022 and the order of sentence dated 21.12.2022,
passed by the learned Additional Sessions Judge-II, Ramgarh, in Sessions
Trial case no. 332A of 2008, arising out of Ramgarh (Project) PS Case No.
136 of 2001, corresponding to GR Case No. 1181 of 2001, whereby and
whereunder, the appellant has been convicted for the offence under sections
147/148/325/364/307 r/w 149 IPC and sentenced to undergo RI for 2 years
for the offence under sections 148/149 IPC, he has been sentenced to
undergo RI for 4 years with fine of Rs. 1000/-for the offence under sections
325/149 IPC with default stipulation of one month SI, further he is sentenced
to undergo RI for 5 years with fine of Rs. 2,000/- for the offence under
sections 364/149 IPC with default stipulation of two months SI. He has been
further sentenced to undergo RI for 5 years and fine of Rs. 4,000/- for the
offence under sections 307/149 IPC with default stipulation of four months
SI. All the sentences were directed to run concurrently.
The learned counsel for the appellant submits that in this case as
many as 17 persons are named accused allegedly for picking mangoes from
the mango orchard of the informant. Thereafter, they were intercepted by the
informant party and also they were assaulted brutally with lathi and danda
with intention to kill. He has further submitted that from the FIR itself it
appears that allegations are general and omnibus in nature. He further
submits that out of imposed sentence of five years, the appellant has already
been in custody for more than two years one months. He has further
submitted that nine of the co-accused persons have been granted privilege of
suspension of sentence, during pendency of the appeal by the coordinate
Benches of this Court in three interlocutory applications. Therefore, his
prayer for suspension of sentence, during pendency of appeal, may be
considered.
The learned counsel for the State has opposed the prayer for bail.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties, also considering
the period of custody already spent by the appellant and the cited bail orders
and in the facts and circumstances of the case, the appellant, named above, is
ordered to be released on bail, during pendency of this appeal, on executing
bail-bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of the learned Additional Sessions
Judge-II, Ramgarh, in Sessions Trial case no. 332A of 2008, arising out of
Ramgarh (Project) PS Case No. 136 of 2001, corresponding to GR Case No.
1181 of 2001, subject to the condition that the appellant shall submit self-
attested photocopy of his Aadhar Card and mobile number before the learned
court below which he will always keep active and will not change it during
pendency of the case without prior permission of the Court.
Accordingly, I.A. No. 8698 of 2023 stands allowed and disposed
of.
KNR (Ratnaker Bhengra, J.)
