Shiv Shankar Yadav @ Shankar Yadav vs The State Of Jharkhand
2025 Latest Caselaw 1512 Jhar

Jharkhand High Court

Shiv Shankar Yadav @ Shankar Yadav vs The State Of Jharkhand on 4 August, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Appeal (D.B.) No. 976 of 2024
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          Shiv Shankar Yadav @ Shankar Yadav, son of Late Bechu Yadav, resident of
          Mitholi, Serpur Tola, P.O. & P.S. Sikrol, District Buxar, Bihar
                                        ....    .... .... Appellant
                                   Versus
          1. The State of Jharkhand
          2. Sita Ram Yadav, son of Late Ram Prasad Yadav, resident of Village & P.O.
             Nandan, P.S. Dumrao, District Buxar, Bihar
                                        ....    .... ....     Respondent

          CORAM:           SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

For the Appellant : Mr. Afaque Rashidi, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P.

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05/04.08.2025 I.A. No. 5882 of 2025 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2 The appellant has been convicted under Sections 304B and 201 of IPC arising out of S.T. No. 302 of 2019 arising out of Nirsa P.S. Case No. 106 of 2014 He has been sentenced to undergo rigorous imprisonment for ten years for the offence under Sections 304(B) of the IPC and further rigorous imprisonment for three years and a fine of Rs.3000/- for the offence under Section 201 of IPC.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. After hearing the parties, we find that the sentence imposed is for ten years and cause of death is 95% burn injury. Further, the appellant has not even served half of the sentence.

6. Considering the aforesaid facts, we are not inclined to release the appellant on bail.

7. Accordingly, I.A. No. 5882 of 2025 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Anit/Satyendra