Rajendra Singh vs The State Of Jharkhand
2024 Latest Caselaw 6363 Jhar

Jharkhand High Court

Rajendra Singh vs The State Of Jharkhand on 1 July, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

              IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No. 672 of 2023

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1.Rajendra Singh

2.Usha Devi .... Appellant(s)

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      The State of Jharkhand                        .... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. B.M. Tripathi, Senior Advocate Mr. Navin Kumar Jaiswal, Advocate For the State :- Mr. Manoj Kumar Mishra, Advocate

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3/01.07.2024 This is an admitted Criminal Appeal (S.J.). The L.C.R has

been received.

2. The I.A. No. 820 of 2024 has been filed for grant of bail by

suspending the sentence to the appellants named above, during

pendency of the instant appeal, to the satisfaction of the learned

Additional Sessions Judge-VI-cum- Special Judge, CAW, Hazaribagh, in

connection with Sessions Trial No.327 of 2018, arising out of Barhi

(Padma) P.S. Case No.215 of 2016, corresponding to G.R. No.2457 of

2016.

3. Mr. B.M. Tripathi, the learned Senior counsel appearing on

behalf of the appellants submits that the appellants happened to be

father-in-law and mother-in-law of the deceased namely, Manisha Devi.

He submits that husband of late Manisha Devi was sentenced to undergo

RI for 10 years under section 304B of the IPC and these appellants who

were happened to be in-laws have been directed to undergo RI for seven

years under section 304B and 34 of the IPC. He submits that

1 Criminal Appeal (S.J.) No. 672 of 2023 Division Bench has already suspended the sentence of the husband

namely, Rakesh Singh by order dated 04.12.2019.

4. The learned State counsel has opposed the prayer for

suspension of sentence on the ground that even half of the sentence has

not been completed as yet.

5. It has come in the judgment of the learned trial court that

PW1, doctor, who had conducted the post-mortem has stated that the

cause of death was asphyxia due to drowning and no injury was found

on the body of the deceased and the sentence of husband of the

deceased was suspended by the Division Bench, I am inclined to suspend

the sentence of the appellants during pendency of the instant appeal.

6. Accordingly, upon suspending the sentence, both the

appellants, namely, Rajendra Singh and Usha Devi are directed to be

released on bail, during the pendency of this appeal, on furnishing bail

bonds of Rs.20,000/- (Twenty Thousand) each, with two sureties of the

like amount each, to the satisfaction of the learned Additional Sessions

Judge-VI-cum- Special Judge, CAW, Hazaribagh, in connection with

Sessions Trial No.327 of 2018, arising out of Barhi (Padma) P.S. Case

No.215 of 2016, corresponding to G.R. No.2457 of 2016

7. The I.A. No. 820 of 2024 stands allowed and disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/

2 Criminal Appeal (S.J.) No. 672 of 2023