Dharma Sahu vs The State Of Jharkhand
2023 Latest Caselaw 3625 Jhar

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  IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Appeal (DB) No. 425 of 2019
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Dharma Sahu                        ...  ...    Appellant
                            Versus
The State of Jharkhand             ...  ... Respondent
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Nalini Jha, Advocate For the Respondent : Mr. Vineet Kumar Vashistha, Spl P.P.

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th Order No. 06 : Dated 27 September, 2023

I.A. No. 2321 of 2023

1. The instant interlocutory application has been filed

under Section 389 (1) of the Code of Criminal Procedure on

behalf of appellant, named above, for suspension of

sentence during the pendency of the instant appeal after

suspending the impugned order of sentence dated

25.02.2019 passed by the learned Sessions Judge, Gumla

in Sessions Trial No. 304 of 2010 arising out of Sisai P.S.

Case No. 112 of 2010 corresponding to G.R. No. 593 of

2010 whereby and whereunder the appellant has been

sentenced for the offence under Section 302 IPC to go

rigorous imprisonment for life with a fine of Rs. 25,000/-

and in default of payment of fine further conviction of R.I.

for six months.

2. Learned counsel for the appellant has submitted that

the prayer for suspension of sentence has been made on

the ground that the appellant has remained in custody for

more than 13 years since he is languishing in judicial

custody since 17.07.2010. Further submission has been

made since the appeal is of the year 2019 as such there is

no likelihood of taking up the appeal in near future,

therefore, prayer has been made for suspension of sentence

during pendency of the appeal.

3. Mr. Vineet Kumar Vasistha, learned Additional Public

Prosecutor has submitted that he is having the custody

report of the appellant, wherefrom it is evident that the

appellant has remained in judicial custody for more than 13

years.

4. This Court on consideration of the fact that the

appellant has remained in custody for more than 13 years

as such the appellant is liable to be released on bail by

suspending the sentence as per judgment rendered by

Hon'ble Apex Court in Saudan Singh Vs. State of U.P.

[(2022) SCC OnLine 697].

5. Accordingly, the Interlocutory Application being I.A.

No. 2321 of 2023 stands allowed.

6. In consequence thereof, the appellant named above, is

directed to be released on bail on furnishing bail bond of

Rs.10,000/- (Rupees Ten Thousand only) with two sureties

of the like amount each to the satisfaction of learned

learned Sessions Judge, Gumla in Sessions Trial No. 304 of

2010 arising out of Sisai P.S. Case No. 112 of 2010

corresponding to G.R. No. 593 of 2010 .

7. It is made clear that any observation made

hereinabove will not prejudice the case of the prosecution

on merit since the appeal is lying pending for its

consideration.

8. Let the name of Mr. Vineet Kumar Vashistha, Special

Public Prosecutor be reflected in the daily cause list

henceforth.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) Alankar/-