Jharkhand High Court
Mahendra Paswan vs The State Of Jharkhand on 1 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 132 of 2024
1. Mahendra Paswan, aged about 55 years, son of Late Dinesh Paswan
2. Bimlesh Paswan, aged about 30 years, son of Nand Kishor Paswan
3. Jaiprakash Paswan, aged about 55 years, son of Nand Kishor Paswan
All resident of Village Koshdihra, P.O. & P.S. Ketar, District- Garhwa
... Appellants
-Versus-
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellants : Mr. Pratik Sen, Advocate
For the State : Ms. Kumari Rashmi, A.P.P.
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06/01.10.2024 I.A. No. 6542 of 2024
Heard Mr. Pratik Sen, learned counsel appearing for the appellants
and Ms. Kumari Rashmi, learned counsel appearing for the State.
2. This appeal has already been admitted and the L.C.R. is on the
record.
3. I.A. No. 6542 of 2024 has been filed on behalf of appellant no.1,
namely, Mahendra Paswan for suspension of sentence, during pendency of
the instant criminal appeal.
4. Learned counsel appearing for the appellant submits that the
appellant has been convicted and sentenced vide judgment of conviction
and order of sentence dated 06.02.2024 and 09.02.2024 respectively
passed by the learned Additional Sessions Judge, Nagar Untari, Garhwa in
connection with Sessions Trial Case No.259 of 2023, arising out of Ketar P.S.
Case No.21 of 2022 (G.R. No.287 of 2023), whereby, he is sentenced to
undergo R.I. for 5 years for the offence punishable under Section 307/34 of
the Indian Penal Code and he is also directed to pay fine of Rs.5,000/- and
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in case of default of payment of fine, he is further sentenced to undergo
R.I. for 6 months, further the appellant is sentenced to undergo R.I. for 1
year for the offence punishable under Section 323/34 of the Indian Penal
Code and he is also sentenced to undergo R.I. for 1 month under Section
341/34 of the Indian Penal Code and all the sentences have been directed
to run concurrently. He further submits that the appellant, namely,
Mahendra Paswan has remained in custody since 25.04.2023 and after
pronouncement of the judgment of conviction, he is in custody since
06.02.2024. He also submits that P.W.7, who is a doctor has opined in his
cross-examination that the injury is possible by falling from height and it is
also possible dashing by the vehicles. And this has also come in the
evidence of D.W.2. He submits that there are case and counter case
between the parties.
5. Learned counsel appearing for the State opposed the prayer on the
ground that even half of the sentence has not been completed as yet.
6. Considering that D.W.2 has stated that he was informed that they met
with an accident with tempo and it has come in the evidence of P.W.7 that
the injury is possible by falling from height and it is also possible dashing by
the vehicles and in the attending facts and circumstances of the case, so far
as appellant no.1, namely, Mahendra Paswan is concerned, during the
pendency of this appeal, I am inclined to suspend the sentence and enlarge
him on bail on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge, Nagar Untari, Garhwa in connection
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with Sessions Trial Case No.259 of 2023, arising out of Ketar P.S. Case
No.21 of 2022 (G.R. No.287 of 2023).
7. Accordingly, I.A. No.6542 of 2024 is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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