Anil Chowhan vs The State Of Jharkhand
2023 Latest Caselaw 3578 Jhar

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  IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB) No. 1044 of 2023
                             ----

Anil Chowhan                     ...  ...     Appellant
                           Versus
The State of Jharkhand           ...  ... Respondent
                     with
              Cr. Appeal (DB) No. 211 of 2023
                             ----
Md. Wasim Khan @ Wasim Khan & Anr
                                 ...  ...     Appellants
                           Versus
The State of Jharkhand           ...  ... Respondent

                          -------

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

------

For the Appellant : Mr. Awnish Shankar, Advocate For the Respondent : Mr. S.K. Verma, APP

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th Order No. 04 : Dated 20 September, 2023

I.A. No. 8097 of 2023 in Cr. Appeal 1044 of 2023

1. The instant interlocutory application has been filed

under Section 389 (1) of the Cr.P.C. for suspension of

sentence dated 29.11.2022 in connection with S.T. Case

No.145 of 2012 arising out of Barhi P.S. Case No.307 of 2011,

corresponding to G.R. Case No.2951 of 2011, whereby and

whereunder, the appellant has been convicted for the offence

under Section 395 of the I.P.C. and sentenced to undergo

rigorous imprisonment for 10 years with a fine of Rs.20,000/-

and further in case of default in payment of fine, they have

been sentenced to undergo rigorous imprisonment for one

year.

2. Learned counsel for the appellant has submitted that

there is no specific attributability of the appellant, save

and except the fact that on the confessional statement of

appellant, the co-convicts Md. Wasim Khan @ Wasim Khan

and Taslim Khan were arrested. It has been submitted by

citing the instance of co-convicts namely, Bhola Das and

further Md. Wasim Khan @ Wasim Khan and Taslim Khan

that they were released on bail by suspending their

sentence.

3. While on the other hand, Mr. S.K. Verma, learned

A.P.P. appearing for the respondent-State has submitted

that case of the appellant is different to that to other co-

convicts, who have been directed to be released on bail

since it is on his confession the complicity of other co-

convicts have been surfaced.

4. In response thereto, it has been submitted by learned

counsel for the appellant that money which was said to be

recovered from the possession of Md. Wasim Khan @

Wasim Khan and Taslim Khan has not been found to be in

corroboration since no supporting evidence was adduced

to justify that the recovered amount was the looted amount

since no T.I.P was conducted. Further the seizure

witnesses, P.W. 9 and P.W 10 have not supported the

prosecution version.

5. Learned counsel for the appellant has submitted that

since the amount said to be recovered from the possession

of Md. Wasim Khan @ Wasim Khan and Taslim Khan itself

has not been identified, hence the suspension of sentence

merely on the basis of confession, as is being agitated on

behalf of State cannot be said to be justified.

6. We have heard learned counsel for the parties, gone

across the judgment passed by learned trial Court as also

the testimony of prosecution witness and the documents

as available in Lower Court Record.

7. We have considered the allegation against the

appellant as has been leveled against him wherefrom it is

evident that he has confessed about the commission of

offence as also disclosed the name of co-convicts, namely,

Md. Wasim Khan @ Wasim Khan and Taslim Khan. He has

also disclosed the name of one Bhola Das, who was the

vehicle owner. It further appears that while considering the

suspension of sentence of Md. Wasim Khan @ Wasim Khan

and Taslim Khan, this Court has considered the ground for

suspension of sentence that Rs. 2,00,000/- (two lakhs)

which were recovered from the house of said Md. Wasim

Khan @ Wasim Khan and Taslim Khan but no supportive

evidence was adduced to justify that the recovered amount

was the looted amount since no TIP was conducted as also

the seizure witness P.W. 9 and P.W. 10 have not supported

the same.

8. This Court based upon the said consideration is of the

view that when the looted amount itself is in cloud, basis

upon which the co-convicts, namely, Md. Wasim Khan @

Wasim Khan and Taslim Khan have been granted bail by

suspension of sentence, as such the appellant is required

to be released on bail by suspension of sentence.

9. Accordingly, the appellant, named above, is directed

to be released on bail by suspending the order of sentence

dated 29.11.2022 on furnishing bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand only) with two sureties of

the like amount each to the satisfaction of learned

Additional Sessions Judge-IV, Hazaribag in

connection with S.T. Case No.145 of 2012 arising out of

Barhi P.S. Case No.307 of 2011, corresponding to G.R.

Case No.2951 of 2011.

10. Accordingly, Interlocutory Application being, I.A. No.

8097 of 2023, stands disposed of.

11. It is made that any observation made hereinabove will not

prejudice the case of the parties on merit since the appeal is

lying pending for its consideration.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) Alankar/-