Jharkhand High Court
Chandrama Singh @ Chandrama Yadav vs The State Of Jharkhand on 19 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 297 of 2023
Chandrama Singh @ Chandrama Yadav ... ... 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. A. K. Kashyap, Sr. Advocate
For the State : Mrs. Priya Shrestha, SPP
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Order No.05/Dated: 19th September, 2023
I.A. No. 4525 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 28.4.2023 and the order of sentence dated 29.4.2023, passed
by the learned Additional Judicial Commissioner- XXI, Ranchi in Sessions
Trial case no. 557 of 2018, whereby and whereunder, the appellant has been
convicted for the offence under section 306 IPC and sentenced to undergo RI
for 5 years with fine of Rs. 5,000/- with default stipulation of three months
S.I.
The learned counsel for the appellant submits that there are
seven prosecution witnesses out of whom PW-3 is the informant, PW-6 is the
Investigating Officer and PW-7 is the doctor. He further submits that PW-3
who is the informant has declared hostile as she has denied the entire
allegations. He further submits that PWs-1,2,4 and 5 have cast aspersion
upon PW-3 that she had herself committed murder of her husband. He further
submits that informant has not identified the appellant and from her
deposition it appears that deceased had died due to stove bursting. She in her
deposition at paragraph nos. 17 to 20 deposed that appellant never harassed
the informant and her husband. The deceased was addicted of taking drugs
and the deceased, before his death, himself told her that fire was caught from
the stove. He further submits that if it can be taken as dying declaration, the
death was purely accidental. He further submits that date of occurrence is
28.8.2017 and the FIR was lodged on 12.9.2019 after delay of fifteen days.
Therefore, his prayer for suspension of sentence, during pendency of appeal,
may be considered.
The learned counsel for the State has opposed the present
interlocutory application and has submitted that Investigating Officer in his
deposition in paragraph no.5 states that the information herself told her that
deceased has to pay some dues to the appellant and also that due to which
harassment was meted out by the appellant.
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 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 bonds of
Rs. 25,000/- (Rupees Twenty five Thousand Only) with two sureties of the
like amount each to the satisfaction of the learned Additional Judicial
Commissioner- XXI, Ranchi in connection with Sessions Trial case no. 557
of 2018, subject to the conditions 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 appeal without prior permission of the Court.
Accordingly, I.A. No. 4525 of 2023 stands allowed and disposed
of.
KNR (Ratnaker Bhengra,J)
