Jharkhand High Court
Mahabir Turi vs The State Of Jharkhand on 11 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. A (DB) 370 of 2023
1. Mahabir Turi
2. Bhubneshwar Yadav ... 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 Appellant : Mr. Indrajit Sinha, Advocate
: Mr. Akhouri Awinash, Advocate
For the Respondent : Mrs. Anuradha Sahay, Advocate
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Order No.09/ Dated 11th August, 2025
IA No. 5122 of 2025
1. The instant interlocutory application has been filed on
behalf of the appellant no.2, namely, Bhuneshwar Yadav
under Section 430 (1) of Bhartiya Nagrik Suraksha
Sanhita 2023, for suspension of sentence dated
17.02.2023 passed in Sessions Trial No. 273 of 2010,
arising out of Poraiyahat P.S Case No. 165 of 2008
corresponding to G.R. No. 1027 of 2008 by the Court of
learned Sessions Judge, Godda, whereby and where under
the appellant has been convicted under Section 307/34 of
the Indian Penal Code and directed to undergo ten years
rigorous imprisonment.
2. The sole ground that has been taken on behalf of the
appellant that the sentence of 3 years 4 months 11 days as
on 07.08.2025 as per the record available by the learned
counsel appearing for the State, has already been
undergone out of the maximum sentence of 10 years, and
hence the substantial part of the sentence has been
undergone, taking into consideration half sentence of the
total sentence.
3. It has been submitted that appeal is of the year 2023 and
there is no likelihood of the appeal to be taken up. Hence,
if the sentence will not be suspended then there is
likelihood of completion of the entire sentence if the issue
of remission is to be taken into consideration.
4. Ms. Anuradha Sahay, the learned APP for the State, on
the other hand has made serious opposition to the issue of
suspension of sentence by referring to the order dated 18th
August, 2023 wherein the prayer for suspension of
sentence was rejected by co-ordinate bench of this Court.
However, she is fair enough to admit the fact about the
completion of sentence of 3 years, 4 months, 11 days on
7th August, 2025.
5. We have heard the learned counsel for the parties and
have appreciated the arguments advanced on behalf of the
parties. The prayer for suspension of sentence of the
convicts namely Mahabir Turi and Bhuneshwar Yadav in
the interlocutory application no. 6137 of 2023 have been
rejected vide order dated 18th August, 2023, by the co-
ordinate bench of this Court. The present interlocutory
application no. 5122 of 2025 has been filed on the ground
of completion of period of sentence of 3 years, 4 months
and 11 days as on 7th August, 2025. The argument which
has been advanced on behalf of the appellant that there is
no likelihood of the appeal to be taken up in the near
future, as most part of the sentence pertaining to half
sentence of the total sentence of 10 years have already
been undergone by the appellant namely Bhuneshwar
Yadav and as such the prayer for suspension of sentence
has been renewed.
6. This Court considering the aforesaid fact and judgment
rendered by the Hon'ble Apex Court in the case of
Aasif@ Pasha vs. State of U.P and ors reported in 2025
SCC OnLine SC 1644, particularly in that view, the
present interlocutory application is to be allowed.
7. In consequence thereof, the appellant no.2, named above,
is directed to be released on bail during 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 Sessions
Judge, Godda in Sessions Trial No. 273 of 2010, arising
out of Poraiyahat P.S Case No. 165 of 2008
corresponding to G.R. No. 1027 of 2008.
8. 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.
Suman/Abha (Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
