Sunny Joy Paul Khalkho vs The State Of Jharkhand
2024 Latest Caselaw 533 Jhar

Jharkhand High Court

Sunny Joy Paul Khalkho vs The State Of Jharkhand on 18 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.161 of 2023

     Sunny Joy Paul Khalkho                                ... 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. A. K. Chaturvedi, Advocate For the Res.-State : Mrs. Vandana Bharti, A.P.P. For the Informant : Mr. Sanjay Kumar, Advocate

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Order No.07/Dated: 18.01.2024 Heard learned counsel for the appellant and the learned counsel for the State on I.A. No. 7436 of 2023 filed on behalf of the appellant for suspension of sentence during the pendency of this appeal.

2. Learned counsel for the appellant has read out from the F.I.R. and submits that during course of arguments, it is alleged that the accused/appellant herein had given one lathi blow on the head of the deceased. Learned counsel for the appellant has submitted that there was no intention or prior motive for committing the crime and it appears to have taken place due to an altercation. He has further submitted that case at best can be made out under Section 304 part-II of the Indian Penal Code. Appellant is in custody since 19.09.2018. He has also said that doctor (P.W.6) has also indicated only one injury on the head, which may have proved fatal and that too on the vital part of the body. Therefore, he may be allowed the privilege of suspension of sentence.

3. Learned counsel for the State has opposed the prayer for suspension of sentence and submitted that as many as four prosecution witnesses have supported the prosecution case. There was injury on the head of the deceased caused by lathi. In furtherance of arguments, she has cited the judgment in the case of Gudar Dusadh Vs. State of Bihar reported in (1972) 3 SCC 118 and submitted that this case is similar to that of the present case where single blow was given. Therefore, his prayer for suspension of sentence may not be allowed.

4. Having heard learned counsel for the appellant and after going through the lower court records and also the period of custody and the facts and circumstances, we are inclined to release the appellant on bail.

Accordingly, appellant, above named, shall be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Gumla in connection with Sessions Trial No.383 of 2018 arising out of Chainpur P.S. Case No.36 of 2018, subject to the condition that the appellant shall submit self- attested photocopy of his Aadhar Card and mobile numbers before the learned court below which he will always keep active and will not change it during the pendency of this case without prior permission of the learned court below.

5. I.A. No. 7436 of 2023 stands disposed of.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.) Ranjeet-Jay/-