Jharkhand High Court
Bigna Routiya vs The State Of Jharkhand on 9 January, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 1485 of 2022
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1. Bigna Routiya
2. Arjun Routiya
3. Manki Devi
4. Pradeep Routiya
5. Mangli Devi
6. Ajay Routiya .... .... 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 Appellants : Mr. Amit Kumar Choubey, Advocate
For the State : Mr. Shailendra Kr. Tiwari, Addl.P.P.
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Order No. 07 Dated- 09.01.2024
I.A. No. 11599 of 2023
Both counsels have appeared.
The instant Interlocutory Application has been filed by the
appellant no. 3 Manki Devi, appellant no. 4 Pradeep Routiya, Appellant no.
5 Mangli Devi and appellant no. 6. Ajay Routiya for suspension of their
sentence during the pendency of this appeal, against the judgment of
conviction dated 23.09.2022 and order of sentence dated 29.09.2022 passed
in Sessions Trial Case No. 78 of 2014 arising out of Chainpur P. S. Case No.
25 of 2013 by the learned Additional Sessions Judge - I-cum-Special Judge,
Gumla whereby and whereunder, the appellants have been convicted for
the offences under Sections 147, 148, 307,304(ii),504/149 of the Indian Penal
Code and sentenced to undergo R.I. for ten years as well as a fine of Rs.
10,000/- each for the offence punishable under Sections 304(ii)/149 IPC
and in default of payment of fine they shall undergo RI for six months
each. They have been further sentenced to undergo RI for ten years with
fine of Rs. 10,000/- for the offence under Sections 307/149 IPC. In default
of payment of fine, they shall undergo RI for six moths each. They have
been further sentenced to undergo RI for one year with fine of Rs. 1,000/-
for the offence under Section 147 IPC. In default of payment of fine, they
shall undergo RI for 15 days each. They have been further sentenced to
undergo RI for two years with fine of Rs. 2,000/- for committing offence
under section 148 IPC. In default of payment of fine they shall undergo RI
for one month each. They have been further sentenced to undergo RI for
one year with a fine of Rs. 1,000/- for the offence under Sections 504/149
IPC. In default of payment of fine they shall undergo RI for 15 days each.
The learned counsel for the appellants has submitted that the
occurrence has arisen out of both parties inimical long term differences and
litigation is also subsisting between the parties since long. He has further
submitted that as many as six accused persons are named in this case and
submitted that the allegations are omnibus and general in nature against
these appellants. However, the main assault is attributed to Arjun Routiya
and Bigna Routiya. Learned counsel for the appellants has further
submitted that the appellants have not had the kind of role as attributed to
Arjun Routiya and Bigna Routiya. He has further submitted that apart
from that, they have been in custody right from the conviction dated
23.09.2022 and they have also spent sometime in custody prior to
conviction. It is further submitted that the imposed sentence is of ten years
and therefore, on the basis of aforesaid circumstances, the prayer for
suspension of sentence may be allowed.
The learned counsel for the State has opposed the prayer for
suspension of sentence of the appellants and has submitted that the offence
was committed in which death of a person had occurred. Therefore, they
may not be allowed the privilege of suspension of sentence.
Having heard both the counsels and gone through the records of the
case and in the facts and circumstances of the case, the appellant no. 3
Manki Devi, appellant no. 4 Pradeep Routiya, appellant no. 5 Mangli Devi
and appellant no. 6. Ajay Routiya are ordered to be released on bail, during
pendency of this appeal, on executing bail bonds of Rs. 25,000/- (Rupees
Twenty five Thousand Only) each with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge - I -cum-
Special Judge, Gumla in Sessions Trial Case No. 78 of 2014 arising out of
Chainpur P. S. Case No. 25 of 2013, subject to the condition that the
appellants shall submit self-attested photocopy of their Aadhar Cards and
mobile numbers before the learned court below which they will always
keep active and will not change it during pendency of the case without
prior permission of the Court.
Accordingly, I.A. No. 11599 of 2023 stands disposed of.
(Ratnaker Bhengra, J.)
(Ambuj Nath, J.)
Sharda/Umesh/-
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