Kishore Gope @ Ram Kishun Gope vs The State Of Jharkhand
2024 Latest Caselaw 921 Jhar

Jharkhand High Court

Kishore Gope @ Ram Kishun Gope vs The State Of Jharkhand on 30 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. 1009 of 2023

1. Kishore Gope @ Ram Kishun Gope
2. Ram Narayan Yadav
3. Somnath Gope                                                        ... 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. Kripa Shankar Nanda, Advocate
     For the State           : Mrs. Priya Shrestha, SPP
                                    -----
Order No.05 / Dated: 30th January, 2024
                 IA No. 869 of 2024

Heard the learned counsel for the appellants as well as the learned counsel for the State on the interlocutory application filed by the appellants for suspension of sentence during the pendency of this criminal appeal.

The learned counsel for the appellants has submitted that the allegation is made under section 307 of the Indian Penal Code and the maximum sentence imposed is ten years. The learned counsel has further submitted that the appellants have remained in custody from 07.05.2020 to 05.01.2021and now from the date of judgment i.e. 06.06.2023 till date. The learned counsel has further submitted that the other appellants, namely, Ramesh Gope in Cr. Appeal (DB) No. 1085 of 2023 in IA No. 9071 of 2023 and Parmeshwar Gope @ Prem Gope in Cr. Appeal (DB) No. 1086 of 2023 in IA No.10793 of 2023, arising out of the same FIR, have been granted bail by this Court vide order dated 22.01.2024. Therefore, the appellants may also 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 but does not dispute the cited bail orders passed in interlocutory applications.

Having gone through the records of the case, considering the arguments advanced by the learned counsel for the parties, cited bail orders and in the facts and circumstances of the case, we are inclined to suspend the sentence of the appellants, during pendency of this criminal appeal, and accordingly, present appellants, named above, are 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- IV, Gumla in connection with Sessions Trial No.119 of 2021 arising out of Gumla P.S. Case No.183 of 2020, 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 the pendency of this case without prior permission of the learned court below.

Accordingly, IA No. 869 of 2024 stands disposed of.

(Ratnaker Bhengra, J.)

(Ambuj Nath, J.) S.B./ Nibha