Jharkhand High Court
Manki Bandiyan Son Of Selai Bandiyan vs The State Of Jharkhand on 1 July, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 186 of 2023
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1. Manki Bandiyan Son of Selai Bandiyan
2. Jodde Bandiyan @ Jote Son of Manki Bandiyan
Both are Resident of Village Padampur P.O. & P.S. Kharsawan
District Seraikella Kharsawan
... Appellants
Versus
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Jitendra Nath Upadhyay, Advocate
For the Respondent : Mr. Saket Kumar, APP
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07/Dated: 1st July, 2025
I.A. No. 7872 of 2025:
1. The instant interlocutory application has been filed on behalf of the
appellant No. 2under Section 430(1) of the BNSS, 2023 for keeping
the sentence in abeyance in connection with the judgment of
conviction and order of sentence dated 14.11.2022 and 19.11.2022,
respectively passed by the learned District and Additional Sessions
Judge-II, Seraikella in connection with ST Case No. 245 of 2013
arising out of Seraikella P.S. Case No. 72 of 2012, whereby and
whereunder, the appellant has been convicted and sentenced to
undergo rigorous imprisonment for life along with a fine of Rs.
10,000/- under Section 302 of IPC and has also been sentenced for
other offences in different sections.
2. It has been contended by the learned counsel appearing for the
appellant Nos. 2 that earlier the prayer for suspension of sentence
has been rejected vide order dated 23.03.2023 passed in I.A. No.
1481 of 2023. Thereafter, the prayer for suspension of sentence was
made by appellant No. 1 only and the same has been allowed by this
Court. The instant interlocutory application has been filed renewing
the prayer for suspension of sentence on the ground that the
appellant has completed the sentence of approx. 9 years and 2
months against the maximum punishment imposed for
imprisonment of life.
3. It has also been contended that the co-convict, namely, Manki
Bandiyan, has been directed to be released on bail after suspension
of sentence by this Court vide order dated 29th April, 2025 in I.A. No.
4058 of 2025 (Cr. Appeal (DB) No. 186 of 2023).
4. While, on the other hand, the learned Additional Public Prosecutor
appearing for the State has vehemently opposed the prayer for
suspension of sentence, but he is fair enough to admit that the
prayer for suspension of sentence of the co-convict has been
considered by allowing the prayer on the ground period of custody.
5. We have heard the learned counsel for the parties and appreciated
the submission made on behalf of the parties.
6. This Court, after takin into consideration that the appellant has
completed about 9 years and 2 months of sentence against the
maximum punishment for life as also that the prayer for suspension
of sentence of the co-convict, namely Manki Bandiyan has been
considered and the said prayer has been allowed by suspending the
sentence vide order dated 29th April, 2025 passed in I.A. No. 4058 of
2025 (Cr. Appeal (DB) No. 186 of 2023), is of the view that the
instant interlocutory application may be allowed.
7. Accordingly, I.A. No. 7872 of 2025 stands allowed.
8. In consequence thereof, the appellant Nos. 2, named Jodde Bandiyan
@ Jote 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 District and Additional Sessions Judge-II,
Seraikella in connection with ST Case No. 245 of 2013 arising out of
Seraikella P.S. Case No. 72 of 2012.
9. 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.
10. In view thereof, I.A. No. 7872 of 2025 stands disposed of with the
aforesaid observation and direction.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Samarth
