Kishun Tudu @ Kishun Kr. Tudu vs The State Of Jharkhand
2024 Latest Caselaw 9679 Jhar

Jharkhand High Court

Kishun Tudu @ Kishun Kr. Tudu vs The State Of Jharkhand on 26 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 16 of 2022
            Kishun Tudu @ Kishun Kr. Tudu, aged about 30 years, son of Late Meghrai
            Tudu, resident of Panchanangora, P.S. Gunabanda, District- East
            Singhbhum                                         ... Appellant
                                      -Versus-
            The State of Jharkhand                            ... Respondent
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Pran Pranay, Advocate For the State : Ms. Sharda Kumari, A.C. to P.P.

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05/26.09.2024 I.A. No. 9952 of 2024

Heard Mr. Pran Pranay, learned counsel appearing for the appellant

and Ms. Sharda Kumari, learned counsel appearing for the State.

2. This appeal has already been admitted vide order dated 07.06.2022

and by that order, L.C.R. was called for, which is on the record.

3. I.A. No. 9952 of 2024 has been filed for suspension of sentence,

during pendency of the instant criminal appeal.

4. This appeal has been filed against the judgment of conviction dated

08.09.2021 and order of sentence dated 09.09.2021 passed by the learned

Additional Sessions Judge II, Ghatshila, East Singhbhum in Sessions Trial

No.12/2020 (arising out of Gurabanda P.S. Case No.24/2019 corresponding

to G.R. No.239/2019) by which the appellant has been convicted for the

offence under Section 307 of the Indian Penal Code and sentenced to

undergo R.I. for 7 years and fine of Rs.5,000/- and in default of payment of

fine, further undergo S.I. of three months.

5. Learned counsel appearing for the appellant submits that the

appellant is in judicial custody since 17.09.2019 and he has remained in

-1- Cr. Appeal (SJ) No. 16 of 2022 custody for more than 5 years. He submits that in view of that, sentence

may kindly be suspended.

6. Learned counsel appearing for the State opposed the prayer on the

ground that the allegations are there and the appellant is convicted under

Section 307 of the Indian Penal Code.

7. Considering that the appellant has remained in custody for more

than 5 years and there is no likelihood of taking up of this appeal shortly,

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-II, Ghatshila, East Singhbhum in connection with

S.T. Case No.12/2020, arising out of Gurabanda P.S. Case No.24/2019,

corresponding to G.R. Case No.239/2019.

8. Accordingly, I.A. No.9952 of 2024 is allowed and disposed of.

                                                  (Sanjay Kumar Dwivedi, J.)
Ajay/




                                          -2-                    Cr. Appeal (SJ) No. 16 of 2022