Jharkhand High Court
Geeta Devi vs The State Of Jharkhand on 26 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Appeal (S.J.) No.112 of 2024
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Geeta Devi, aged about 42 years, wife of Umesh Nayak, resident of Mouza
Gosain Baliya, PO and PS Barkagaon, District Hazaribagh
.... 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. D.C.Mishra, Advocate
For the State :- Mr. Satish Prasad, Advocate
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6/26.09.2024 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. 2243 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 17.01.2024 and order of sentence dated
03.02.2024 passed by learned Additional Sessions Judge VI Cum Special Judge,
CAW, Hazaribagh, in Sessions Trial No.149 of 2020 arising out of Barkagaon P.S.
Case No.36 of 2014, corresponding to G.R.Case No.914 of 2014, whereby the
appellant has been found guilty for the offence under section 304(B) and
498(A) of the IPC and thereby sentenced her to undergo RI for 7 years with
fine of Rs.10,000/- and in default of payment of fine, further directed to
undergo SI for 2 months for offence under section 304(B) IPC and further
sentenced to undergo RI for 3 years with fine of Rs.7,000/- and in default of
payment of fine further directed to undergo SI for 1 month for offence under
section 498(A) IPC, and all the sentences will run concurrently.
5. Learned counsel for the appellant submits that the I.A has been filed for
suspending the sentence of the appellant and the appellant happened to be
1 Criminal Appeal (S.J.) No.112 of 2024
sister in law of the deceased and the husband and brother in law and mother in
law their sentence has already been suspended in Cr.Appeal No.65 of 2017 and
Cr.Appeal No.139 of 2016 by order dated 2.5.2017. He submits that the
appellant has remained in custody for almost two years (1 year 10 months).
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 husband, mother in law and brother in law's sentence
has been suspended in Cr.Appeal as referred above, and the petitioner
happened to be sister in law of the deceased and she is in custody for 1 year 10
months, I am inclined to suspend the sentence of the appellant, during
pendency of this appeal.
8. Accordingly, the appellant- Geeta Devi, 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 Sessions Judge VI Cum Special Judge, CAW,
Hazaribagh, in Sessions Trial No.149 of 2020 arising out of Barkagaon P.S. Case
No.36 of 2014, corresponding to G.R.Case No.914 of 2014.
9. I.A. No. 2243 of 2022 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 Criminal Appeal (S.J.) No.112 of 2024
