Indrajeet Singh @ Runu Singh vs The State Of Jharkhand
2024 Latest Caselaw 295 Jhar

Jharkhand High Court

Indrajeet Singh @ Runu Singh 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
               Cr. Appeal (D.B.) No. 1133 of 2023
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Indrajeet Singh @ Runu Singh @ Indrajeet Kr. Singh .... .... Appellant 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 : Mr. Brij Bihari Sinha, Advocate For the State : Mr. Shailendra Kr. Tiwari, A.P.P

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Order No. 06 Dated- 11.01.2024 I.A. (Cr.) No. 6679 of 2023 On call, both counsels have appeared.

The instant Interlocutory Application has been filed by the appellant for suspension of his sentence during the pendency of this appeal, against the judgment of conviction dated 02.06.2023 and order of sentence dated 09.06.2023 passed by the learned Additional Sessions Judge-IV-cum-Special Judge (Crime against women), Bokaro in Sessions Trial No. 199 of 2020 whereby and whereunder, the appellant has been convicted and sentenced to undergo RI for 7 years with fine of Rs. 10,000/- for the offence under Section 325/34 IPC and further sentenced to undergo RI for life imprisonment with fine of Rs. 10,000/- each for charges under Sections 307/34 IPC.

The learned counsel for the appellant has submitted that the appellant is not named in the FIR. He has further submitted that apart from the alleged victim, there is no other independent eye-witness to the occurrence. Learned counsel has further submitted that the conviction is done under Section 307 IPC, however, counsel submits that as per the medical report the injuries sustained by the victim are only simple in nature and for that the sentence of RI for life even otherwise is too excessive and unjustified and the appellant is in custody right from the date of conviction itself and therefore, on the aforesaid circumstances, the privilege of suspension of sentence of the appellant may be allowed.

The learned counsel for the State has opposed the prayer for suspension of sentence of the appellant and has submitted that the allegations are fully proved and they have also been supported by the CCTV footage which is Exhibit - M and therefore, the allegations are fully established and sustained.

Having heard both the counsels and gone through the records of the case and in the facts and circumstances of the case, the appellant, named

above, is ordered to be released on bail, during pendency of this appeal, on executing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV-cum-Special Judge (Crime against women), Bokaro in Sessions Trial No. 199 of 2020, 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. (Cri.) No. 6679 of 2023 stands disposed of.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.)

Sharda/Umesh/-

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