Raju Pandey vs The State Of Jharkhand
2024 Latest Caselaw 8674 Jhar

Jharkhand High Court

Raju Pandey vs The State Of Jharkhand on 30 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                       Criminal Appeal (S.J.) No.543 of 2024
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Raju Pandey, aged about 40 years son of late Narayan Pandey resident of Village Barkatoli (Ratu Chatti) PO and PS Ratu, District Ranchi .... Appellant(s)

-- Versus --

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

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             For the Appellant(s)      :- Mr. Ranjan Kumar Singh, Advocate
                                          Mr. Santosh Kumar, Advocate
           For the State            :-    Mr. Rakesh Gautam, Advocate
                                          ----
3/30.09.2024     Heard the learned counsel for the appellant and the learned counsel for

            the respondent State.

2. This appeal is already admitted and the lower court records are on the

record.

3. I.A. No. 8715 of 2024 has been filed for suspension of sentence during

pendency of this appeal.

4. The learned counsel for the appellant submits that the appellant has

been convicted by the judgment dated 23.07.2024 and order of sentence dated

27.07.2024 passed by learned Additional Judicial Commissioner -XV, Ranchi in

S.T.Case No.464 of 2018 arising out of Ratu P.S. Case No.153 of 2017 whereby

the appellant has been convicted for the offence under sections 399 and 402 of

IPC and sentenced him to undergo RI for five years with fine of Rs.15,000/- and

in default thereof, further sentenced to SI for nine months and also sentenced

for three years with fine of Rs.8000/- under section 402 IPC and in default of

fine shall further sentenced to SI of five months and all the sentences shall run

concurrently.

5. Learned counsel for the appellant submits that the appellant was all

along on bail during trial and he has been taken in custody since 23.7.2024 and

he is in custody. He submits that the apprehended persons were the tenant of

the house of the appellant and appellant happens to be land lord and PW6 has

1 Criminal Appeal (S.J.) No.543 of 2024 stated in paragraph no.27 that silver duster is easily available in the market.

6. Learned counsel for the respondent State opposed the prayer for bail on

the ground that half of the sentence has not been completed by the appellant.

7. Considering that the appellant happened to be the land lord of the house

in question whereby other accused persons have been arrested and the

appellant was all along on bail during the trial and he is in custody since

23.7.2024, I am inclined to suspend the sentence of the appellant, during

pendency of this appeal.

8. Accordingly, the appellant- Raju Pandey, is, hereby, directed to be

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

Rs.25,000/- (twenty five thousand) with two sureties of the like amount each,

to the satisfaction of learned Additional Judicial Commissioner -XV, Ranchi in

S.T.Case No.464 of 2018 arising out of Ratu P.S. Case No.153 of 2017.

9. I.A. No.8715 of 2024 stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/

2 Criminal Appeal (S.J.) No.543 of 2024