Jharkhand High Court
Mahabir Turi Aged About 60 Year Son Of ... vs The State Of Jharkhand on 29 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 370 of 2023
1. Mahabir Turi aged about 60 Year son of late Panchu Turi resident of
mouza Kasturi P.O. & P.S. Poraiyahat, District Godda, Jharkhand.
2. Bhuneshwar Yadav aged about 50 Year son of late Ram Sundar Yadav,
resident of mouza Kasturi, P.O. & P.S. Poraiyahat, District Godda,
Jharkhand. .... --- 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
For the State: Mrs. Anuradha Sahay, Advocate
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10 / 29.08.2025 The instant Interlocutory Application bearing No. 11505 of 2025 has
been filed on behalf of Appellant No.1, namely, Mahabir Turi 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 whereunder the
appellants have been convicted under Section 307/34 of the Indian Penal Code
and directed to undergo ten years rigorous imprisonment with fine of
Rs.10,000/- each and in default of payment of fine further to undergo simple
imprisonment for six months.
2. It has been contended on behalf of the appellant no.1, namely, Mahabir
Turi that the accusation made against him based upon the same the judgment of
conviction has been passed which is identical to that of one Bhuneshwar
Yadav. The said Bhuneshwar Yadav has been directed to be released on bail
in consequence of the suspension of sentence on the ground of completion of
period of sentence of 3 years 4 months 11 days.
3. It has been further contended that the appellant no.1, namely, Mahabir
Turi herein has completed sentence of 3 years 4 months and the main
allegation of giving gun shot is against Dhiren Yadav where the appellant
no.1 was present.
4. The learned counsel, therefore, has submitted that the case of the
present appellant is identical to that of Bhuneshwar Yadav and as such the
prayer for suspension of sentence may be allowed.
5. Learned Additional Public Prosecutor appearing for the State has not
disputed the fact that the appellant no.1 is identically placed to that of
Bhuneshwar Yadav who happens to be appellant no.2. The period of custody
of 3 years 4 months has also not been disputed by her.
6. This Court considering the aforesaid fact is of the view that the present
interlocutory application for suspension of sentence of appellant no.1 stands on
the same footing as that of the appellant no.2 which was allowed vide order
dated 11.08.2025 passed in I.A. No. 5122 of 2025 by this Court, considering
the fact that the main allegation of the giving gun shot is against Dhiren Yadav,
the prayer for suspension of sentence of appellant no.1 is also allowed.
7. Accordingly, I.A. No. 11505 of 2025 is allowed.
8. In consequence thereof, the appellant no.1, 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.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
R.K.M.
