Jharkhand High Court
Sanjay Kumar Chourasia @ Papu Chourasia ... vs The State Of Jharkhand .... ...Opp. ... on 2 February, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1213 of 2023
Sanjay Kumar Chourasia @ Papu Chourasia @
Sanjay Chourasia .... ...Petitioner
Versus
The State of Jharkhand .... ...Opp. Party
--------
CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Atanu Banerjee, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl.P.P.
--------
Order No. 04/ dated 02.02.2024
I.A.No.10985 of 2023
Learned Counsel Mr. Atanu Banerjee on behalf of petitioner
and on behalf of State, learned Spl.P.P. are present.
2. The instant Interlocutory Application is for suspension of
the sentence and to release the petitioner on bail during the
pendency of this Cr. Revision.
3. The learned Counsel for the petitioner has submitted that
the petitioner has been convicted by the learned trial court for the
offence under Section 323,341,354 and 448 of the Indian Penal
Code and Section 25(1-B) (a) of Arms Act and the maximum
sentence awarded to him is three years. The impugned Judgment
of conviction and sentence passed by the learned trial court was
assailed before the learned Appellate Court. The appeal was
dismissed and the Judgment of conviction and sentence passed
by the trial court was affirmed.
4. It is also further submitted as per prosecution case the place
of occurrence is the house of the informant and time of
occurrence is 09:30 pm. As per prosecution case there was also
sister of victim and two minor children at the time of occurrence.
No one inmates of the house was examined on behalf of the
prosecution. So far as the testimony of the other witnesses are
concerned, the same is based on hearsay evidence. So far as the
alleged country made pistol which is alleged to be recovered along
with live cartridge, the same was not recovered from the physical
possession of the petitioner rather it was recovered from the
kitchen of the victim. In view of the above, the Judgment of
conviction and sentence passed by both the learned courts-below
bears infirmity and contended to release the petitioner on bail
and to keep the sentence in abeyance.
5. The learned Spl.P.P. opposed the contentions made by the
learned Counsel for the petitioner and contended that the victim
also sustained injuries. She was also medically examined. Her
testimony cannot be disbelieved. The injury report has been
proved by the Doctor. So far as the live cartridge and country
made pistol is concerned, certainly they were not recovered from
physical possession of the petitioner rather recovered from the
kitchen which the petitioner-accused has left while fleeing away
from the place of occurrence.
6. In view of the submissions made and the material on record,
there is sufficient ground to allow the prayer sought by the
petitioner in this Interlocutory Application. Accordingly, prayer is
allowed. The sentence inflicted by the learned court-below is kept
in abeyance.
7. In consequence thereof, the petitioner is directed to the
released on bail, during the pendency of this Cr. Revision, on
furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand)
with two sureties of like amount each to the satisfaction of the
Judicial Magistrate, First Class, Bermo at Tenughat in Nawadih
P.S. Case No. 52 of 2019, corresponding to Trial No. 513 of 2022.
8. In view thereof, I.A.No.10985 of 2023 is disposed of.
Admit.
2. Office is directed to call for the scan copy of the L.C.R.
3. List on 15.03.2024.
(Subhash Chand, J.)
P.K.S
