Jharkhand High Court
Budheshwar Lohar vs The State Of Jharkhand on 11 January, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No.1601 of 2022
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1. Budheshwar Lohar
2. Rahul Soren ... ... 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. Rakesh Kumar Sinha, Advocate;
Mr. Punit Kumar, Advocate
For the State : Mr. Abhay Kumar Tiwari, APP
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th
Order No.04/ Dated: 11 January, 2024
On call, the learned counsels for the parties have appeared.
It is pointed out by the learned counsel for the State that vide order
dated 12.12.2023, a report regarding whereabouts and existence of the appellants
was called for which has been received. From perusal of the said report, it appears
that Budheshwar Lohar, appellant No.1 has died on 07.07.2023. A death certificate
to that effect has also been issued by Gram Panchayat, Barakankra which is
attached with the said report..
In view of above, the present appeal qua Budheshwar Lohar, the
appellant No.1 stands abated.
The present Interlocutory Application has been filed on behalf of the
appellant No.2 for suspension of sentence, during pendency of this criminal appeal.
This criminal appeal is directed against the judgment of conviction
dated 18.11.2022 and the order of sentence dated 26.11.2022, passed by the learned
Additional Sessions Judge-1, Seraikella- Kharsawan in S.T. Case No. 108 of 2009
(corresponding to Seraikella PS case No. 111 of 2007), whereby and whereunder,
the appellant No.2 has been convicted for the offence under sections 341/
342/448/302/34 of the Indian Penal Code and section 27 of the Arms Act and has
been sentenced to undergo RI for life and fine of Rs. 10,000/- under section 302
IPC with default stipulation of SI for 1 year. Further the appellant was sentenced to
undergo SI for one month with fine of Rs. 250/- under section 341 IPC with default
stipulation of SI for two days. Further he has been sentenced to undergo RI for nine
months and fine of Rs. 500/- under section 448 IPC with default stipulation of SI
for ten days. Further he has been sentenced to undergo RI for five years and fine of
Rs. 2,000/- under section 27 of the Arms Act with default stipulation of SI for six
months.
The learned counsel for the appellant No.2 submits that the main
accused, the appellant No.1, namely, Budheshwar Lohar who is fully responsible
for death of the deceased, has passed away. He has further submitted that from the
record it is clear that Budheshwar Lohar was seen fleeing with pistol and as per
medical report there is only one bullet injury. He has further submitted that the
appellant No.2 has spent more than four years in custody out of total imposed
sentence. Therefore, his prayer for suspension of sentence, during pendency of
appeal, may be considered.
Mr. Abhay Kumar Tiwari, the learned counsel for the State opposed
the prayer for suspension of sentence and has submitted that the appellant No.2 was
involved in the said offence and the crime was committed collectively. Therefore,
his prayer for suspension of sentence may not be considered.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties, also considering the
period of custody already spent by the appellant No.2 and in the facts and
circumstances of the case, the appellant No.2, namely, Rahul Soren is ordered to be
released on bail, during pendency of the appeal, on executing bail-bond of Rs.
25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-1, Seraikella-
Kharsawan in S.T. Case No. 108 of 2009 (corresponding to Seraikella PS case No.
111 of 2007), 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.
Accordingly, I.A. No. 6926 of 2023 stands allowed and disposed of.
(Ratnaker Bhengra,J.)
(Ambuj Nath, J.)
SB/KNR
