Sanatan Pingua vs The State Of Jharkhand
2024 Latest Caselaw 155 Jhar

Jharkhand High Court

Sanatan Pingua vs The State Of Jharkhand on 8 January, 2024

Author: Deepak Roshan

Bench: Deepak Roshan, Ambuj Nath

                                    1


          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            I.A. No.8396 of 2023
                                      IN
                       Cr. Appeal (DB) No.1351 of 2018
                                  .........

          Sanatan Pingua                           ....... Appellant
                                  Vs.
          The State of Jharkhand                   .......     Respondent
                                  ---------
          CORAM:       HON'BLE MR. JUSTICE DEEPAK ROSHAN
                       HON'BLE MR. JUSTICE AMBUJ NATH
                                  ---------
          For the Appellant       : Mr. Pravin Kumar, Adv.
          For the State           : Mrs. Lily Sahay, APP
                                  ---------

09/08.01.2024       The present Interlocutory application has

been filed for suspension of sentence and grant of bail during pendency of this criminal appeal.

2. This criminal appeal is directed against the judgment of conviction dated 09.08.2018 and the order of sentence dated 17.08.2018, passed by learned Sessions Judge, West Singhbhum at Chaibasa in S.T. case No. 265 of 2012 in connection with Manjhgaon P.S. Case No. 36 of 2012 corresponding to G.R. No.417 of 2012, whereby, the appellant has been convicted for the offence under Section 302 of the IPC and has been sentenced to undergo R.I. for life along with fine of Rs.5,000/- and in case of default in payment of fine further to undergo R.I. for One month.

3. Learned counsel for the appellant submits that Appellant is said to have inflicted Bhujali blow to the deceased Sita Pingua due to which she succumbed to her injuries. Suru Pingu (P.W.-1), who is mother of the deceased and Vijay Pingua (P.W.-3) brother of the deceased have supported the prosecution's case and stated that the appellant has given fatal blow to the deceased. However, the appellant has completed more than 50% of his sentence and there is no likelihood of early hearing of the case.

4. Ms. Lily Sahay, learned counsel appearing for

the State fairly submits that the appellant has remained in custody for over13 years.

5. This criminal appeal is of the year 2018 and there is no likelihood of this appeal to be taken up in near future and the appellant is in custody for about 13 years.

6. Considering the aforesaid facts and circumstances of the case, we are inclined to enlarge this appellant on bail. Accordingly, during pendency of this appeal, the appellant, named above, is ordered to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Singhbhum at Chaibasa in S.T. case No. 265 of 2012 in connection with Manjhgaon P.S. Case No. 36 of 2012 corresponding to G.R. No.417 of 2012, subject to the condition that the appellant shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court.

7. Accordingly, I.A. No. 8396 of 2023 stands disposed of.

(Deepak Roshan, J.)

(Ambuj Nath, J.) Fahim/-