Jharkhand High Court
Bholu Singh @ Bhu Kumar Singh @ Bholu ... vs The State Of Jharkhand ... ... ... Opp. ... on 10 May, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1118 of 2022
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1. Bholu Singh @ Bhu Kumar Singh @ Bholu Kumar Singh
2. Kush Singh
3. Chandan Chaubey @ Chandan Choubey
4. Monu Choubey ... ... ... Petitioners
Versus
The State of Jharkhand ... ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioners : Mr. Manoj Kr. Choubey, Advocate
For the Opp. Party : Mrs. Kumari Rashmi, A.P.P.
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Order No. 08/Dated 10th May, 2024
I. A. No. 3129 of 2024
The instant interlocutory application has been filed by
the petitioners for suspension of sentence dated 09.05.2019,
during pendency of the instant revision petition, in
connection with Rehla P. S. Case No. 44 of 2016,
corresponding to G. R. Case No. 1446 of 2016, registered
under Sections 394, 411 of the Indian Penal Code whereby
and whereunder, the learned Magistrate vide judgment and
order of sentence dated 09.05.2019 hold the petitioners guilty
for committing offence under Section 394 IPC and the
petitioners have been punished RI for three years along with
fine of Rs. 5,000/- and in default of payment of fine, the
petitioners shall undergo RI for one months. All the sentences
were directed to run concurrently. The above said conviction
and order of sentence dated 09.05.2019 got affirmed by
learned Additional Sessions Judge - II, Palamau in appeal.
Custody report dated 09.05.2024 available on record
reveals that the petitioner no. 1 is in custody for more than
one year in the present case whereas, the petitioner nos. 2 to 4
are in custody for one month and twenty-seven days.
This fact has been denied by the learned counsel for the
petitioners and he has pointed out paragraph - 11 of the
suspension of sentence application, wherein it has been
contended that the petitioner No. 2 was in custody during the
investigation/trial from 17.09.2016 to 16.02.2017, petitioner
No. 3 was in custody from 03.10.2016 to 09.02.2017 whereas
the petitioner No. 4 was in custody from 08.04.2016 to
01.12.2016 by referring this paragraph he submitted that the
custody report on the face of it appears to be not correct one
as it does not include the period of custody during
investigating/trial, rather it speaks about only post-
conviction custody.
Learned counsel for the petitioners further submitted
that as far as petitioner Nos. 2, 3 and 4 are concerned, apart
from the TIP there is no iota of material available on record
which could connect the accused in the present case.
Learned counsel also pointed out the material available
on record and submitted that the petitioner Nos. 2, 3 and 4
were shown to witness prior to TIP, which is very evident
from the fact that the show-cause was issued to the I.O. and
this fact has already come on record.
In the above stated background, learned counsel tried
to convince this Court that identification of petitioner nos. 2, 3
and 4 in the Court lost its evidentiary value. Attention of this
Court has further been drawn towards the fact that petitioner
no. 1 allegedly apprehended at spot and he took the name of
other co-convicts, but entire prosecution story become
doubtful as petitioner no. 2, 3 and 4 shown to witness prior to
T.I.P.
Learned A.P.P. for State vehemently opposed the
prayer of suspension of sentence of petitioners on the premise
that they have been found guilty by learned Magistrate and
this finding has been affirmed by Appellate Court.
Considering the aforesaid facts and circumstances,
during pendency of this criminal revision application, I am
inclined to suspend the sentence of petitioners namely Bholu
Singh @ Bhu Kumar Singh @ Bholu Kumar Singh, Kush
Singh, Chandan Chaubey @ Chandan Choubey and Monu
Choubey and enlarge the petitioners on bail, on furnishing
bail bond of Rs. 25,000/- (Twenty five Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Palamau in connection
with Rehla P. S. Case No. 44 of 2016, corresponding to G. R.
Case No. 1446 of 2016.
I.A. No. 3129 of 2024 stand disposed off.
Criminal Revision No. 1118 of 2022
Let this matter be posted on 28th June, 2024 under the
heading for "Final Disposal".
Before next date of hearing, let fresh custody report
mentioning separately, period of custody of petitioner nos. 1,
2, 3 and 4 during investigation, trial and post-conviction be
called for from the Jail Superintendent, Palamau.
(Arun Kumar Rai, J.)
Umesh-Abhishek/-
