Jharkhand High Court
Nageshwar Yadav Aged About 40 Years vs The State Of Jharkhand on 8 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Appeal (DB) No. 587 of 2018
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1. Nageshwar Yadav aged about 40 years
2. Rohan Yadav aged about 45 years, both sons of Late Barhan
Yadav, residents of Village- Udmandri P.O. Taranakho, P.S.
Dhanwar, District- Giridih ... ... ... Appellants
Versus
The State of Jharkhand ... ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellants :Mr. Sawapan Kumar Samanta, Advocate
For the Respondent :Mr. Pankaj Kumar, P.P.
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Order No.14/Dated 08thAugust, 2025
I.A. No. 8338 of 2025
1. The instant interlocutory application has been filed on
behalf of appellant no. 2 under Section 430(1) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated
26.03.2018 passed by the learned District & Addl. Sessions Judge-
IV, Giridih, in Sessions Trial No. 368 of 2015, in connection with
Dhanwar P.S. Case No. 204 of 2015, corresponding to G.R. Case
No. 2493 of 2015, whereby and whereunder, the appellants have
been convicted for the offence under Section 302 of I.P.C. and
sentenced to undergo imprisonment for life along with fine of
Rs.2,000/- and in default of payment of fine, they have further
been directed to undergo S.I. of three months, the appellants have
been further convicted U/s 341 of I.P.C. and sentenced to undergo
S.I. for one month, further they are sentenced to undergo S.I. for
one year for offence punishable U/s 323 of I.P.C., further they are
sentenced to undergo R.I. for three years for the offence
punishable U/s 324 of I.P.C.
2. Earlier, the prayer for bail of appellant no. 2 was rejected
on 11.06.2019 in I.A. No. 4279/19. Thereafter, his subsequent
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prayer for bail was dismissed as not pressed on 15.12.2021.
Subsequently, the prayer was again dismissed as withdrawn on
18.10.2023. Thereafter, the prayer for bail was rejected in I.A. No.
10076/24. Since then, the appellant no. 2 has not moved any
interlocutory application seeking suspension of sentence or grant
of bail during the pendency of this appeal.
3. It has been submitted on behalf of appellant no. 2 that
identically placed co-convicts, namely, Ved Narayan Yadav in Cr.
Appeal (DB) No. 1254 of 2019 (order dated 18.04.2022),
Rameshwar Yadav @ Rameshawar Yadav in Cr. Appeal (DB) No.
1071 of 2019 (order dated 04.03.2022), Yugal Kumar Yadav @
Yugal Yadav in Cr. Appeal (DB) No. 1148 of 2019 (order dated
14.06.2022) and appellant no. 1, namely, Nageshwar Yadav in I.A.
No. 7267 of 2025 (order dated 23.06.2025) have been directed to be
released on bail after suspension of sentence by the Co-ordinate
Bench of this Court.
4. It has also been submitted that the appellant no. 2 is about
to complete ten years of his sentence, with only one month
remaining, as he is in custody since 07.09.2015.
5. Learned counsel for the appellant no. 2, based upon the
aforesaid grounds, has submitted that it is, therefore, a fit case for
suspension of sentence during the pendency of the appeal.
6. Mr. Pankaj Kumar, learned Public Prosecutor appearing
for the State, however, has objected to the prayer for suspension of
sentence, particularly with regard to the appellant's culpability as
proved during the course of the trial.
7. We have heard learned counsel for the parties and gone
through the finding recorded by the learned trial court in the
impugned judgment as also the testimony available in the trial
court records and other material exhibits available therein.
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8. This Court, considering the period of custody undergone
by appellant no. 2, as well as the fact that similarly placed co-
convicts--namely, Ved Narayan Yadav in Cr. Appeal (DB) No.
1254 of 2019 (order dated 18.04.2022), Rameshwar Yadav @
Rameshawar Yadav in Cr. Appeal (DB) No. 1071 of 2019 (order
dated 04.03.2022), Yugal Kumar Yadav @ Yugal Yadav in Cr.
Appeal (DB) No. 1148 of 2019 (order dated 14.06.2022), and
appellant no. 1, Nageshwar Yadav, in I.A. No. 7267 of 2025 (order
dated 23.06.2025)--have been directed to be released on bail after
suspension of sentence by the Co-ordinate Bench of this Court, is
of the view that the instant interlocutory application needs to be
allowed.
9. Accordingly, interlocutory application being I.A. No. 8338
of 2025 stands allowed.
10. In consequence thereof, the appellant no.2, named above,
is directed to be released on bail 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 &
Addl. Sessions Judge-IV, Giridih, in Sessions Trial No. 368 of 2015
arising out of Dhanwar P.S. Case No. 204 of 2015, corresponding
to G.R. Case No. 2493 of 2015.
11. It is made clear that any observation made herein will not
prejudice the issue on merit as the appeal is lying pending for its
consideration.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Umesh/Abhishek
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