Sikandar Yadav vs The State Of Jharkhand
2023 Latest Caselaw 3980 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
         Criminal Appeal (S.J.) No. 462 of 2021
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Sikandar Yadav ..... Appellant Versus The State of Jharkhand ..... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Lalit Yadav, Advocate For the State : Mrs. Priya Shreshtha, Spl.P.P.

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I.A. No. 6124 of 2023

10/16.10.2023 Heard Mr. Lalit Yadav, learned counsel for the appellant and Mrs. Priya Shreshtha, learned Spl.P.P. for the State.

2. The appellant has filed this criminal appeal challenging the judgment of conviction dated 18.09.2021 and order of sentence dated 29.09.2021 passed by the learned Additional Sessions Judge- VIII, Deoghar in Sessions Trial No. 153 of 2017, whereby the appellant has been found guilty for the offence under Section 201/120 (B) I.P.C. and sentenced to undergo Rigorous Imprisonment for five years and a fine of Rs.10,000/- for the offence under Section 201/120(B) of the I.P.C.

3. This Interlocutory Application has been filed by the appellant for suspension of sentence during pendency of this appeal.

4. Learned counsel for the appellant submitted that the appellant is innocent. It is submitted that the appellant was arrested on the

basis of his confessional statement. It is submitted that there was no eye witness to the occurrence. Learned counsel for the appellant has placed reliance upon the deposition of the witnesses particularly P.W.5 at Paragraph 17 and P.W. 8 (i.e. the Investigating Officer). It is further submitted that the appellant is said to have only participated in throwing the dead body of the deceased and he has remained in custody for about two and a half years and have completed half of the sentence and hence, he may be enlarged on bail.

5. On the other hand, learned counsel for the State has opposed the prayer for bail and has submitted that the appellant was carrying the dead body in his vehicle which was seized and on the basis of his confessional statement, the dead body of the deceased Mangni Devi was recovered and his vehicle was also seized by the police. It is further submitted that after confessional statement of this appellant, the other four accused persons, i.e. the co-convicts were also apprehended who had admitted and confessed their guilt in the commission of murder of Mangni Devi.

6. It appears that earlier also the prayer for bail of the appellant has been rejected by this Court vide order dated 28th April, 2022. It appears that the petitioner has renewed his prayer for bail only on the ground of completing half of the sentence.

7. On perusal of the Lower Court Records and also considering the submission of both the sides, prayer for bail of this appellant is rejected at this stage.

8. Accordingly, I.A. No. 6124 of 2023 stands rejected and is accordingly disposed of.

(Sanjay Prasad, J.) s.m.