Md. Sabir @ Md. Sabbir Ahmad @ Pedku vs The State Of Jharkhand
2023 Latest Caselaw 3982 Jhar

                           1




 IN THE HIGH COURT OF JHARKHAND AT RANCHI
      Criminal Appeal (D.B.) No.1290 of 2022
                        -----

Md. Sabir @ Md. Sabbir Ahmad @ Pedku .... ... Appellant Versus The State of Jharkhand ... ... Respondent

-------

CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE DEEPAK ROSHAN

-------

For the Appellant : Mr. Krishna Prajapati, Advocate For the Respondent : Ms. Kumari Rashmi, A.P.P.

------

th Order No. 05/Dated 16 October, 2023

I.A. No. 1763 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 Sessions Trial No. 32 of 2019, by which the

appellant has been convicted for offence committed under

Sections 302 of I.P.C. and sentenced to undergo

imprisonment for life for the offence under Section 302

alongwith fine of Rs.20,000/- and in default of payment of

fine, was further directed to undergo simple imprisonment

for six months.

2. In addition to the merit of the issue, learned counsel

for the appellant has relied upon the order passed by the

Coordinate Bench of this court dated 07.02.2023 passed in

Cr. Appeal (DB) No.1146 of 2022 and order dated

03.08.2023 passed in Cr. Appeal (DB) No.1392 of 2022

whereby and whereunder the sentence with respect to the

appellants in those appeals have been suspended.

3. It is the contention of the learned counsel for the

appellant that the case of the appellant is identically placed

with the case of appellants of Cr. Appeal (DB) No.1146 of

2022 and Cr. Appeal (DB) No.1392 of 2022.

4. Learned counsel appearing for the State, in view of

the judgment rendered by Hon'ble Apex Court in the case of

Somesh Chaurasia vs. State of M.P. and Anr., 2021

SCC OnLine SC 480, has sought for two weeks' time to file

objection.

5. Considering the prayer made by the learned counsel

for the State, list this case on 30.11.2023.

(Sujit Narayan Prasad, J.)

(Deepak Roshan, J.) Birendra/