Naveen Oraon vs The State Of Jharkhand
2024 Latest Caselaw 1156 Jhar

Jharkhand High Court

Naveen Oraon vs The State Of Jharkhand on 5 February, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra, Ambuj Nath

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB) No. 460 of 2020
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Naveen Oraon ..... Appellant Versus The State of Jharkhand ..... Respondent With Cr. Appeal (DB) No. 368 of 2020

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1. Kuldeep Oraon

2. Rishi Tirkey

3. Sandeep Tirkey

4. Basant Kacchap

5. Ajay Munda @ Anay Munda

6. Sunil Munda

7. Sunil Oraon ..... Appellants Versus The State of Jharkhand ..... Respondent

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CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellant(s) : Mr. A. K. Kashyap, Sr. Advocate [Cr. Appeal (DB) No.460/2020] Mr. Nilesh Kumar, Advocate [Cr. Appeal (DB) No.368/2020] For the State : Ms. Nehala Sharmin, Spl.P.P [Cr. Appeal (DB) No.460/2020] Mr. Bhola Nath Ojha, A.P.P [Cr. Appeal (DB) No.368/2020]

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10/Dated: 05.02.2024 I.A. No.3840 of 2023 (Cr. Appeal (DB) No.460/2020) I.A. No.1207 of 2024(Cr. Appeal (DB) No.368/2020)

Heard learned counsels for the appellants and learned A.P.P appearing on behalf of the State in both these cases.

These interlocutory applications have been preferred by the appellants for grant of bail to them during the pendency of these appeals.

Learned counsels for the appellants have submitted that the appellants have been convicted for the offences under Sections 376D, 366/120B, 323/120B, 341/120B, 342/120B, 379/120B, 411/120B and Section 120B of the Indian Penal Code and the maximum sentence upon them is rigorous imprisonment for life term which shall mean imprisonment for the remainder period of natural life

alongwith a fine of Rs. 50,000/- for the offence under Section 376-D of the Indian Penal Code.

Learned counsels for the appellants have submitted that the Test Identification Parade is valueless because the photos of the appellants were earlier shown to the victim and therefore, T.I. Parade becomes valueless and on this basis, learned counsels for the appellants seeks consideration for suspension of sentence.

Learned counsels for the State in both these cases have opposed the prayer for suspension of sentence.

Regard being had to the nature of allegations and the involvements of these appellants also after perusing the essential parts of the judgment available on record, we are not inclined to release the appellants on bail. Accordingly, their prayer for bail is hereby rejected.

The aforesaid I.As stand dismissed.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.) BS/-