Jharkhand High Court
Vikram Kumar Mehta vs The State Of Jharkhand on 15 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. 899 of 2023
Vikram Kumar Mehta ... Appellant
Versus
The State of Jharkhand ... Respondent
------
CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
HON'BLE MR. JUSTICE AMBUJ NATH
-----
For the Appellant : Mr. A.K. Chaturvedy, Advocate
For the State : Mrs. Nehala Sharmin, SPP
-----
Order No.07 / Dated: 15th January, 2024
IA No. 7351 of 2023
Heard the learned counsel for the appellant as well as the learned
counsel for the State on the interlocutory application filed by the appellant for
suspension of sentence during the pendency of this criminal appeal.
This criminal appeal was directed against the judgment of conviction
dated 17.05.2023 and the order of sentence dated 18.05.2023, passed by the
learned Additional Sessions Judge-III, Chatra in Sessions Trial Case No. 82 of
2022, whereby and whereunder, the appellant has been convicted under
sections 302 & 201 of the Indian Penal Code and sentenced to undergo RI for
life for the offence under section 302 of the Indian Penal Code with fine of
Rs.10,000/- and in default of payment of fine amount, further to undergo SI for
six months and further sentenced to RI for three years for the offence under
section 201 of the Indian Penal Code.
The learned counsel for the appellant has submitted that the offence
alleged is under sections 302 & 201 of the Indian Penal Code. However, the
dead body of the deceased has not been identified, therefore, the case rests
against the appellant only on suspicion. The learned counsel has further
submitted that initially during the investigation the dead body was not
identified. Subsequently, during investigation, PW-2, who is the father of the
deceased, identified the dead body by photographs and clothes of the deceased.
However, PW-2, in his deposition, has deposed that he had not identified the
dead body and he has further been declared hostile. The learned counsel has
further submitted that PW-4, who is the choukidar as well as informant, had
gone to the place where the dead body was recovered. This witness has
deposed that he did not recognize the dead body. The learned counsel has
further submitted that when the dead body was identified neither by the father
of the deceased nor by the informant, then the case against the appellant cannot
be sustained. Therefore, the appellant may be granted privilege of suspension
of sentence, during the pendency of this criminal appeal.
Learned counsel for the State has opposed this interlocutory application
for suspension of sentence, during the pendency of this criminal appeal and has
submitted that PW-7, who is the Investigating Officer of the case, had recorded
the confession of the appellant and on the basis of his confession, scarf and
match box were recovered. The learned counsel has further submitted that PW-
8, who is the in-charge of technical cell, has stated that as per the Call Detail
Report (CDR), several communications were made between the deceased and
the appellant.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties and in the facts and
circumstances of the case, we are inclined to suspend the sentence of the
appellant, during pendency of this criminal appeal, and accordingly, present
appellant, named above, is ordered to be released on bail, during pendency of
this criminal 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 learned Additional Sessions Judge-III, Chatra in Sessions
Trial Case No. 82 of 2022, subject to the conditions that the appellant will
submit self-attested photocopy of his Aadhaar Card and also submit his
mobile number before the learned Court below which he will always keep
active and will not change it during pendency of this case without prior
permission of the Court.
Accordingly, IA No. 7351 of 2023 stands disposed of.
(Ratnaker Bhengra, J.)
(Ambuj Nath, J.)
S.B./ Nibha
