Om Prakash Paswan vs State Of Jharkhand
2023 Latest Caselaw 3417 Jhar

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         IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     Cr. Appeal (DB) No. 539 of 2023
                                    With
                            I.A. No. 7226 of 2023
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     Om Prakash Paswan                        .......                Appellant
                                    Versus
     State of Jharkhand                           .......             Respondent
                                    With
                       Cr. Appeal (DB) No. 325 of 2023
                                   ---------

     Vijay Kumar Manjhi                       .......                Appellant
                                    Versus
     State of Jharkhand                           .......             Respondent

                                ---------

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

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For the Appellant : Mr. Rajesh Kumar, Advocate Mr. Amit Kumar, Advocate Mr. Manindra Kr. Sinha, Advocate For the Respondent : Mr. Subodh Kr. Dubey, A.P.P.

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th 05/Dated: 08 September, 2023

I.A. No. 7226 of 2023 in Cr. Appeal (DB) No. 539 of 2023:

1. The instant interlocutory application has been filed under Section 389(1) of the Cr.P.C. for keeping the sentence in abeyance in connection with the judgment of conviction dated 17.02.2023 and order of sentence dated 23.02.2023 passed by the learned Additional Sessions Judge-V, Palamau at Daltonganj in Sessions Trial No. 361 of 2019 arising out of Lesliganj P.S. Case No. 85 of 2018 corresponding to G.R. No. 1921 of 2018, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment for maximum period of 10 years.

2. It has been contended that the appellant happens to the husband of the deceased and he has already remained in custody for more than half of the sentence against the maximum punishment inflicted.

3. Submission has been made that the appeal is of the year 2023 and there is no likelihood of the appeal to be taken up at an early date, therefore, by putting reliance upon the judgment rendered by the Hon'ble Apex

Court in Saudan Singh vs. State of Uttar Pradesh, 2022 SCC OnLine SC 697, the instant interlocutory application has been filed for suspension of sentence.

4. Learned Additional Public Prosecutor appearing for the respondent-State had taken time to seek instructions regarding the custody period as would appear from the order dated 25.08.2023. In pursuance thereof, an affidavit dated 06.09.2023 has been filed along with the custody report dated 06.09.2023 issued by the Superintendent, Central Jail, Medininagar, Palamau as appended as Annexure-A to the aforesaid affidavit, wherein at paragraph-6, it has been stated that the actual custody period of the appellant is 5 years 23 days.

5. This Court has heard the learned counsel for the parties and on consideration of the submission made on behalf of the appellant that the appellant has already remained in custody for more than of the maximum sentence period, therefore, submission on that ground has been made that the appeal is of the year 2023 and there is no likelihood of the appeal to be taken up at an early date.

6. This Court, on consideration of the said submission and considering the judgment passed by the Hon'ble Apex Court in Saudan Singh vs. State of Uttar Pradesh (supra), is of view that the ground so taken for suspension of sentence requires consideration.

7. Considering the aforesaid fact, this Court is of the view that the sentence in connection with Sessions Trial No. 361 of 2019 arising out of Lesliganj P.S. Case No. 85 of 2018 corresponding to G.R. No. 1921 of 2018, deserves to be suspended.

8. Regard being had to the facts and circumstances, the instant interlocutory application stands allowed.

9. Accordingly, the appellant, Om Prakash Paswan, is directed to be released on bail during pendency of appeal on furnishing bail bond of Rs. 25,000/- (Twenty-Five Thousand only) each with two sureties of the like amount, to the satisfaction of the learned Additional Sessions Judge- V, Palamau at Daltonganj in Sessions Trial No. 361 of 2019 arising out

of Lesliganj P.S. Case No. 85 of 2018 corresponding to G.R. No. 1921 of 2018.

10. 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.

11. In view thereof, I.A. No. 7226 of 2023 stands disposed of with the aforesaid observation and direction.

Cr. Appeal (DB) No. 325 of 2023:

12. Office is directed to prepare and supply the paperbook.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

Saurabh/-