Jharkhand High Court
Manu Hessa Son Of Raju Hessa 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. 183 of 2023
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1. Manu Hessa Son of Raju Hessa
2. Jagmohan Bandiyan son of Gala Bandiyan
3. Dularam Hembram Son of Sukhram Hembram
4. Pahalwan Hembram Son of Pandu Hembram age about 47 Years
All are residents of Padampur P.O. Padampur P.S. Kharsawan
District Seraikella Kharswan
... 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. Sanjay Kr. Srivastava, APP
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07/Dated: 1st July, 2025
I.A. No. 7871 of 2025:
1. The instant interlocutory application has been filed on behalf of the
appellant Nos. 2, 3 and 4 under 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 Nos. 2, 3 and 4 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, 3 and 4 that earlier the prayer for suspension of
sentence has been rejected vide order dated 16th March, 2023
passed in I.A. No. 1473 of 2023 and the instant interlocutory
application has been filed renewing the prayer for suspension of
sentence on the ground that the appellants have 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, Manu Hessa,
has been directed to be released on bail after suspension of sentence
by this Court vide order dated 19th June, 2025 in I.A. No. 7005 of
2025 (Cr. Appeal (DB) No. 183 of 2023).
4. While, on the other hand, Mr. Sanjay Kumar Srivastava 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 of age and
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 appellants have
completed about 9 years and 3 months of sentence against the
maximum punishment for life as also that the prayer for suspension
of sentence of the co-convict, namely Manu Hessa has been
considered and the said prayer has been allowed by suspending the
sentence vide order dated 19th June, 2025 passed in I.A. No. 7005 of
2025 (Cr. Appeal (DB) No. 183 of 2023), is of the view that the
instant interlocutory application may be allowed.
7. Accordingly, I.A. No. 7871 of 2025 stands allowed.
8. In consequence thereof, the appellant Nos. 2, 3 and 4, named above,
are directed to be released on bail, during pendency of the appeal, on
furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand)
each 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. 7871 of 2025 stands disposed of with the
aforesaid observation and direction.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Samarth
