[Cites 5, Cited by 0]
Jharkhand High Court
Karma Mahto Son Of Late Udhawa Mahto vs The State Of Jharkhand ... Opp. Party on 5 December, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
INTHEHIGHCOURTOF JHARKHAND ATRANCHI
Cr. Appeal (DB) No. 509 of 2017
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Karma Mahto son of Late Udhawa Mahto, resident of Village Getlatu,
P.O. Neori, Vikash, P.S. Sadar, District Ranchi (Jharkhand)
... Appellant
Versus
The State of Jharkhand ... Opp. Party
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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. Shailesh Kr. Singh, Advocate
For the Respondent : Mr. Saket Kumar, APP
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13/Dated: 5th December, 2025
I.A. No. 13129 of 2025:
1. The instant interlocutory application has been filed under Section
389(1) of the Cr.P.C. for keeping the sentence in abeyance in
connection with the judgment of conviction and order of sentence
dated 09.01.2017 and 12.01.2017, respectively passed by the
learned Addl. Judicial Commissioner-VI, Ranchi in connection with
S.T. Case No. 245 of 2010 arising out of Sadar P.S. Case No. 02 of
2010 corresponding to G.R. Case No. 03 of 2010, whereby and
whereunder, the appellant has been convicted under Section 302/34
of the Indian Penal Code and sentenced to undergo imprisonment
for life and a fine of Rs. 5,000/- and in default of the payment of fine,
the appellant shall undergo sentence of one year simple
imprisonment.
2. Mr. Shailesh Kumar Singh, learned counsel for the appellant has
submitted that although the prayer for suspension of sentence has
been rejected by this Court vide order dated 02.03.2023 passed in
I.A. No. 1861 of 2023, but the prayer is being renewed on the ground
of the period of custody having been undergone, i.e., approximately
11 years.
3. While, on the other hand, Mr. Saket Kumar learned Additional Public
Prosecutor appearing for the State however has raised objection so
far as the culpability said to be committed by the appellant, but he
has fair enough to admit the fact about the period of custody having
been undergone by the appellant.
4. This Court has heard the learned counsel for the parties.
5. Although, the case of the appellant has been rejected on the earlier
occasion by passing order dated 02.03.2023 passed in I.A. No. 1861
of 2023, but while hearing this matter on 13.11.2025, in the present
interlocutory application, considering the period of sentence of more
than 10 years having been undergone by the appellant, the learned
APP was directed to file affidavit-in-objection along with societal
impact as per the judgment rendered by the Hon'ble Apex Court in
the case of Somesh Chourasia V. State of MP & Another reported in
(2021) SCC OnLine SC 480.
6. In pursuance thereof, objection has been filed which is Annexed at
Annexure-C but it is not disclosed in thereof that how the appellant,
if he comes out of the custody, will impact the society.
7. Since we are dealing the instant application in the touchstone of
Article 21 of the Constitution of India and as would be evident from
Annexure-C of the objection filed to the interlocutory application, it
is not disputed that the appellant has undergone the period of
sentence for approximately 11 years. We are also considering the
fact that the present appellant is having no criminal antecedents, as
such, this Court is of the view that the applicant has been able to
make out a case for suspension of sentence.
8. Accordingly, I.A. No. 13129 of 2025 stands allowed.
9. In consequence thereof, the appellant, 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
Addl. Judicial Commissioner-VI, Ranchi in connection with S.T. Case
No. 245 of 2010 arising out of Sadar P.S. Case No. 02 of 2010
corresponding to G.R. Case No. 03 of 2010.
10. It is made clear that any observation made hereinabove will not
prejudice the case on merit, since, the criminal appeal is lying
pending before this Court for its consideration.
11. In view thereof, I.A. No. 13129 of 2025 stands disposed of with the
aforesaid observation and direction.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
5th December, 2025
Samarth
