Asit Nitin Tirkey @ Asit vs The State Of Jharkhand
2024 Latest Caselaw 3530 Jhar

Jharkhand High Court

Asit Nitin Tirkey @ Asit vs The State Of Jharkhand on 2 April, 2024

Author: Ananda Sen

Bench: Ananda Sen, Subhash Chand

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (D.B.) No. 1291 of 2022
                  Asit Nitin Tirkey @ Asit
                  Nitan Tirkey                         ...     Appellant
                                         -versus-
                  The State of Jharkhand               ...     Respondent
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                        CORAM : SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant : Mr. Naresh Prasad Thakur, Advocate For the Respondent : Mr. Vishwanath Roy, A.P.P.

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087/ 02.04.2024 I.A. No. 11716 of 2022 This interlocutory application has been filed by the appellant praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted in connection with Sessions Trial No.84 of 2016 arising out of Simdega Police Station Case No.141 of 2015 [G.R. No.432 of 2015(S)], for offences under Sections 302/34 and 201/34 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for life with fine of Rs.15,000/- (Rupees Fifteen Thousand) and in default of payment of fine to undergo further rigorous imprisonment for two years for offences under Sections 302/34 of the Indian Penal Code along with other sentences.

3. Heard learned counsel for the appellant and learned A.P.P. for the State and have also gone through the impugned judgment, the evidence and the Trial Court Records.

4. Learned A.P.P. for the State opposes the prayer for bail of the appellant.

5. The father of the informant was murdered. From the evidence, we find that one co-convict Preetam Manjhi gave an extra judicial confessional statement that they had committed murder of the deceased and threw the dead body in a well. On the aforesaid confession, dead body of the deceased was recovered from the well. Further, from the evidence of the Investigating Officer, it transpires that this appellant had also given confessional statement wherein he stated to have concealed the motorcycle of the deceased in a well. On his confession the motorcycle was also recovered from the well.

6. Considering the aforesaid materials, we are not inclined to entertain this interlocutory application. Accordingly, the prayer of the appellant

to suspend the sentence and release him on bail during the pendency of this appeal is hereby rejected.

7. This interlocutory application is, accordingly, dismissed.

(Ananda Sen, J.)

(Subhash Chand, J.) Kumar/Cp-03