Budhu Ruhidas vs The State Of Jharkhand
2025 Latest Caselaw 5185 Jhar

Jharkhand High Court

Budhu Ruhidas vs The State Of Jharkhand on 25 April, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Cr. Appeal (DB) No. 386 of 2018
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   Budhu Ruhidas                                          ... Appellant
                                 Versus
  The State of Jharkhand                                  ... Respondent

                                 ---------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant      : Mr. Dilip Kumar Karmakar, Advocate
For the Respondent     : None
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08/Dated: 25th April, 2025:

I.A. No. 9131 of 2024:

1. The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 30.11.2017 and order of sentence dated 06.12.2017 passed by the learned District and Additional Sessions Judge-X at Jamshedpur in connection with S.T. Case No. 60 of 2011 arising out of Patamda P.S. Case No. 53 of 2010 corresponding to G.R. Case No. 2625 of 2010 whereby and whereunder, the appellant has been convicted under 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and a fine of Rs. 30,000/- and in default of payment of fine, the appellant has to go further 6 months of Simple Imprisonment.

2. It has been contended by the learned counsel appearing on behalf of the appellant that although the prayer for suspension of sentence in IA No. 11195 of 2019 has been rejected on merit vide order dated 19th February, 2020, but the same prayer has been renewed on the ground of long incarceration in custody, i.e., of 8 years and 2 months approximately.

3. None is present on behalf of the State.

4. Considering the fact that the appeal is of the year-2018 and the appellant has undergone custody of 8 years and 2 months

approximately, this Court is of the view that the instant interlocutory application needs to be allowed.

5. Accordingly, I.A. No. 9131 of 2024 stands allowed.

6. In consequence thereof, the appellant, named above, is directed to be released on bail, during the pendency of the appeal, on 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 District and Additional Sessions Judge-X at Jamshedpur in connection with S.T. Case No. 60 of 2011 arising out of Patamda P.S. Case No. 53 of 2010 corresponding to G.R. Case No. 2625 of 2010.

7. It is made clear that any observation made hereinabove will not prejudice the case on merit, since, the criminal appeal is lying pending before this Court for its consideration.

8. In view thereof, I.A. No. 9131 of 2024 stands disposed of with the aforesaid observation and direction.

(Sujit Narayan Prasad, J.)

(Rajesh Kumar, J.)

Samarth