Jharkhand High Court
Subhash Paswan vs The State Of Jharkhand on 13 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 912 of 2023
Subhash Paswan, aged about 31 years, son of Late Shyamlal Paswan,
Resident of Village- Kanko, P.O- Kanko, P.S.- Jainagar (O.P. Telaiya
Dam), District- Koderma --- --- 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. Rohan Mazumdar, Advocate
For the State : Mr. Pankaj Kumar, P.P.
Order No.05/ 13th October, 2023
I.A. No. 7713 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 17.05.2023 and order of sentence dated
20.05.2023 passed in S.T. No. 117 of 2019 arising out of Koderma(M)
P.S. Case No. 02 of 2019, corresponding to G.R. Case No. 401 of 2019
by learned Additional Sessions Judge-II, Koderma whereby and
whereunder, the appellant has been convicted for the offence punishable
under Section 376 of the IPC and has been sentenced to undergo R.I. for
10 years and a fine of Rs.20,000/- and in default thereof to further
undergo R.I. for 1 year.
2. It has been contended by referring to the testimony of the
prosecutrix P.W.4 that she herself has admitted that she was having
fascination with the appellant and developed friendship with him as the
appellant assured her that he is good man and he likes her. According to
victim the appellant had assured her to solemnize marriage and on that
pretext she had established physical relationship with him. But
subsequent thereto, he has refused to marry the victim and hence the
case has been filed.
3. Learned A.P.P. while going through the testimony of the P.W.4 is
fair enough to submit that it is a case of establishing consensual physical
relationship.
4. This Court by taking into consideration the statement of the
victim P.W.4 is prima facie of the view that establishing physical
relationship by the victim with the appellant appears to be consensual
and as such, we are of the view that it is a fit case where suspension of
sentence is to be granted.
5. Accordingly, 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 learned Additional Sessions Judge-II, Koderma in
connection with S.T. No. 117 of 2019 arising out of Koderma(M) P.S.
Case No. 02 of 2019, corresponding to G.R. Case No. 401 of 2019.
6. It is made clear that any observation made hereinabove will not
prejudice the case of the appellant on merit, since the criminal appeal is
lying pending before this Court.
7. In view thereof I.A. No. 7713 of 2023 is allowed and disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1022 of 2023
Umar Hussain @ Meer Aftab --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellants : Mr. Mahesh Tewari, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
Order No.05/ Dated 13th October, 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.
Let him file the objection on or before the next date.
List this case on 09.11.2023.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1203 of 2017
Lala Champia & another --- --- Appellants
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellants :
For the State :
Order No.07/ Dated 13th October, 2023
A letter bearing no. 1006/S/2023 dated 21.09.2023 has been
received from the court of learned Sessions Judge, West Singhbhum at
Chaibasa requesting therein to return back the original lower court
record in connection with the instant case since it is urgently required for
trial of S.T. No. 415 of 2023, pending in his court.
In the light of the letter received from the court of learned
Sessions Judge, West Singhbhum at Chaibasa, let the original lower
court record be returned back to the learned Court after retaining the
scanned copy thereof, which shall be kept on record.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 22 of 2018
Rajesh Kumar Verma --- --- Appellant
Versus
Smt. Biva Verma --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellants : Mr. A.K. Sahani, Advocate
: Mr. Ajit Kumar, Advocate
For the Respondent : None
Order No.22/ Dated 13th October, 2023
Learned counsel for the appellant is present.
None appears for the respondent even after the name of the
concerned counsel is displayed in the display board.
However, in order to give one opportunity to the learned counsel
for the respondent, let the case be listed on 01.11.2023.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
A.Mohanty
