Jharkhand High Court
Shubham Kumar @ Shubham Kumar Das vs State Of Jharkhand on 5 August, 2025
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 360 of 2024
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1. Shubham Kumar @ Shubham Kumar Das
2. Satyam Kumar Das @ Satyam Kumar
..... .... .... Appellants
Versus
State of Jharkhand .... .... .... Respondent
CORAM: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
For the Appellants : Mr. B.M. Tripathy, Sr. Advocate
Mr. Naveen Kr. Jaiswal, Advocate
Mrs. Nutan Kumari, Advocate
For the State : Mr. Shailesh Kr. Sinha, A.P.P.
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08/05.08.2025 I.A. No. 5205 of 2025
This interlocutory application has been filed by the appellant no. 2, praying
therein to suspend the sentence and release him on bail during the pendency of this
appeal.
2 This is the second attempt for suspension of sentence and grant of bail
made on behalf of the appellant no. 2 during the pendency of appeal.
3. The appellant no. 2 has been convicted under Sections 302 and 201 of IPC
in Children Case No. 22 of 2022 arising out of Baghmara P.S. Case No. 77/2016
corresponding to G.R. Case No. 2594/2016, whereby and whereunder he has been
sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- for
the offence under Section 302 of IPC and in case of default in payment of fine,
further R.I. of one year. Further, sentenced to undergo RI for three years together
with a fine of Rs.3000/- each for offence under Section 201 of IPC and in case of
default of payment of fine, he had to undergo further RI for three months.
4. Heard, the learned Senior 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.
5. It has been submitted by the learned Senior counsel on behalf of the
appellant no. 2 that at best the offence which can be attracted against appellant no. 2
is punishable under Section 201 of the IPC, but while convicting the appellant no. 2
under the aforesaid section, the learned Trial Court sentenced him to undergo RI for
three years with a fine of Rs.3000/- and the appellant no. 2 has already served the
sentence of more than three years as he is in custody for three years and two months
as on date. So far as Section 302 of the IPC is concerned, it is submitted that from
the evidence of P.W.-2, it is quite clear that it is the another co-accused namely
Shubham Kumar who has assaulted the deceased and committed his murder. Thus,
conviction of appellant no. 2 under Section 302 of IPC is not proper in the facts and
circumstances of the case. It is further submitted that at best the appellant no. 2 can
be convicted under Section 201 of IPC for which he has already served the sentence.
6. Opportunity was given to the State to oppose the bail, which the State
availed and opposed.
7. After hearing the parties and after going through the evidence specially in
paragraph 3 of evidence of the P.W.-2, prima facie we find that it is appellant no. 1
(Shubham Kumar) who has assaulted the deceased. Further, there is no conviction
with the aid of 120B of IPC and admittedly, the appellant no. 2 has remained in
custody for more than three years and the sentence which the appellant no. 2 is
supposed to serve for his conviction under Section 201 is three years only.
8. Considering the aforesaid facts, we are inclined to allow this interlocutory
application. Accordingly, upon suspending the sentence, the appellant no. 2, namely,
Satyam Kumar Das @ Satyam Kumar is directed to be released on bail during the
pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand)
with two sureties of the like amount each to the satisfaction of the learned Special
Judge, Children, Dhanbad in connection with Baghmara P.S. Case No. 77/2016
corresponding to G.R. Case No. 2594/2016 with a condition that the appellant shall
appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in
every four months till the disposal of this appeal.
9. I.A. No.5205 of 2025 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Sandeep/Pawan
