Jharkhand High Court
Sukhdeo Topno @ Tau @ Tayu Topno vs The State Of Jharkhand on 29 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 51 of 2020
----
Sukhdeo Topno @ Tau @ Tayu Topno
... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
-------
CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
------
For the Appellant : Mr. Anil Kumar Ganjhu, Advocate
Ms. Priyanka Kumari, Advocate
For the Respondent : Mr. Tarun Kumar, APP
--------
Order No. 05 : Dated 29th August, 2025
I.A. No. 13449 of 2024
1. The instant interlocutory application has been filed on
behalf of sole appellant under Section 430 of the BNSS, 2023
for suspension of sentence dated 06.12.2019 passed by the
learned District Additional Sessions Judge-VI, Gumla in S.T.
Case No. 209 of 2014 arising out of Kamdara P.S. Case No. 09
of 2014 corresponding to G.R. Case No. 305 of 2014, whereby
and whereunder, the appellant has been found guilty and
convicted under Section 302/34 IPC and sentenced to undergo
imprisonment for life with fine of Rs. 20,000/- and in default of
fine further sentenced to undergo RI for 2 years.
2. Learned counsel for the appellant has submitted that
earlier the appellant has filed I.A. No. 1234 of 2021 but that
was dismissed as withdrawn vide order dated 03.03.2021.
3. Learned counsel for the appellant has submitted that out
of the ten prosecution witnesses, P.W. 1 to P.W. 5 are close
relatives and P.W. 7, P.W. 8 and P.W. 10 are formal witnesses
but the learned trial did not consider the fact that there is no
eye witness to the occurrence. Furthermore, the learned trial
court did not take into consideration that there are so many
contradictions and discrepancies in the testimonies of the
witnesses and even there is no direct evidence against the
appellant to show the complicity in the alleged crime.
4. Further ground has been taken that the appellant at Bar
that the appellant has remained in custody for about eight
years [7 years 11 months and 14 days].
5. Learned counsel for the appellant, based upon the
aforesaid ground, has submitted that the appellant may be
released on bail by suspending the sentence during pendency of
the instant appeal.
6. While on the other hand, learned APP appearing for the
State has opposed the prayer for suspension of sentence. It has
been contended that the nature of allegation is serious in
nature, which has been proved, if the testimony of all the
witnesses will be taken into consideration, as such it is not a fit
case for suspension of sentence. However, he has not been
disputed the fact that appellant being remained in custody for
the period foresaid.
7. We have heard learned counsel for the parties and gone
across the finding recorded by the learned trial Court in the
impugned judgment as also the testimony of the witnesses as
available in the Lower Court Records.
8. The appellant has been convicted in this case on the last
seen theory. Furthermore, the appellant has served custody of
about 8 years out of the maximum punishment of life. This
appeal is of the year 2020 and in the near future there is no
likelihood of taking up of the appeal.
9. This Court, considering the aforesaid fact, is of the view
that it is case where the appellant has made out a prima face
case for suspension of sentence.
10. Therefore, this Court is of the view, the sentence is to be
suspended, during pendency of the appeal.
11. Accordingly, the instant Interlocutory Application is
allowed.
12. In view thereof, the appellant named above, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties of the like
amount each to the satisfaction of District & Additional
Sessions Judge-VI, Gumla in S.T. Case No. 209 of 2014 arising
out of Kamdara P.S. Case No. 09 of 2014 corresponding to G.R.
Case No. 305 of 2014.
13. It is made clear that any observation made hereinabove
will not prejudice the case of the parties on merit since the
appeal is lying pending for its consideration.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Alankar/
