Jharkhand High Court
Pagan Tudu @ Pawan Tudu vs State Of Jharkhand on 9 February, 2024
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 587 of 2023
1. Pagan Tudu @ Pawan Tudu
2. Nandlal Tudu ... ... Appellant(s)
Versus
State of Jharkhand ... ... Respondent(s)
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CORAM: SRI ANANDA SEN, J.
(Through : Hybrid Mode)
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For the Appellant(s) : Mr. Kaushik Sarkhel, Advocate
For the Respondent(s) : Mr. Rajneesh Vardhan, A.P.P.
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Order No. 07: Dated: 9th February, 2024
I.A. No. 10992 of 2023
Proceeding has been taken up in hybrid mode. None of the
parties have any complain with respect to the audio and video clarity
and quality.
By filing this interlocutory application in this criminal appeal,
appellants prayed for suspension of sentence and to release them on
bail.
This appeal is directed against the judgment of conviction and
the order of sentence dated 21.07.2023 passed by learned Principal
Sessions Judge, Jamtara in connection with Sessions Trial No. 21 of
2019 arising out of Narayanpur P.S. Case No. 08 of 2016
corresponding to G.R. Case No. 53 of 2016, registered under Sections
147, 148, 323, 324, 325, 307 of the Indian Penal Code and accordingly
sentenced the appellants to undergo R.I. for five years and pay fine of
Rs. 5000/- for the offence under Section 307 of IPC and in default of
payment of fine S.I. for three months and further sentenced the
appellants to undergo RI for three years and fine of Rs. 5000/- for the
offence under Section 325 of IPC and in default of payment of fine to
undergo SI for three months and also sentenced appellant to undergo
SI for 6 months each for the offence under Section 147, 148, 323, 324 of
IPC.
Learned counsel for the appellants submits that all the other
accused persons after conviction have been released while giving
them benefit of Probation of Offenders Act but, these appellants have
been convicted under Section 307 of IPC and sentenced to undergo
R.I. for 5 years but surprisingly in the order of conviction nothing has
been mentioned about these appellants in respect of conviction under
Section 307 of IPC. He further submits that the Doctor has reported
that he has not seen the victim rather on the basis of some documents
and prescription produced by the I.O., he has issued the injury
report.
Learned A.P.P. for the State opposes the prayer for bail.
After going through the record, I find that allegation of giving
one lathi blow on the head of the victim Khelu Murmu. I find from
the injury report that there was one lacerated wound on the left side
of the scalp. The other injuries are on the hand. The weapon is the
lathi.
Considering the fact that there is one lathi blow on the head of
the injured and the appellants were all along on bail during the trial, I
am inclined to suspend the sentence and release the appellants on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands Only)
each with two sureties of the like amount each to the satisfaction of
learned Principal Sessions Judge, Jamtara in connection with Sessions
Trial No. 21 of 2019 arising out of Narayanpur P.S. Case No. 08 of
2016 corresponding to G.R. Case No. 53 of 2016. It is made clear that
the appellants will appear before the Registrar, Civil Court, Jamtara
once in every four months till the conclusion of this appeal.
Accordingly, I.A. No. 10992 of 2023 stands disposed of.
(ANANDA SEN, J.)
MM
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