Jharkhand High Court
Sikandar Biruwa @ Sikandar Birua vs The State Of Jharkhand on 11 June, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 491 of 2023
With
I.A. No. 416 of 2025
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Sikandar Biruwa @ Sikandar Birua, aged about 72 years, s/o Late
Jagmohan Birua, resident of village-Bhagavilla, Niche Tola, P.O. &
P.S.-Manjhari, District-Singhbhum West.
... ... Appellant
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. Anjani Kumar, Advocate
For the Respondent : Mrs. Shweta Singh, A.P.P.
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th
12/Dated: 11 June, 2025
I.A. No. 416 of 2025:
1. The instant interlocutory application has been filed under Section
430 (1) of the B.N.S.S. for suspension of sentence in connection with
the Judgment of conviction dated 12.12.2022 and order of sentence
dated 17.12.2022 passed by the learned Additional Sessions Judge-
IV, West Singhbhum at Chaibasa in S.T. Case No.284 of 2021,
arising out of Manjhari P.S. Case No.41 of 2021, whereby and
whereunder the appellant has been held guilty under Sections
376(2)(l) and 376(2)(n) of IPC and directed to undergo R.I. for ten
years and fine of Rs.10,000/- for the offence u/s 376(2)(l) of the IPC
and in case of default of payment of fine, directed to undergo
imprisonment for five months and for the offence u/s 376(2)(n) of
IPC, the appellant is directed to undergo R.I. for ten years and fine of
Rs.10,000/- and in case of default of payment of fine, further
directed to undergo imprisonment for five months.
2. The learned counsel for the appellant, at the outset, has submitted
that the prayer for suspension of sentence has been dealt with by this
Court and the same had been rejected vide order dated 05.10.2023.
3. The prayer for suspension of sentence has been renewed on the
ground of period of custody since the appellant has already
undergone the custody of about 03 years and 09 months against the
maximum punishment of ten years as also the appellant is aged about
74 years and is suffering from old age ailments.
4. Learned counsel for the appellant, based upon the aforesaid ground,
has submitted that the prayer for suspension of sentence may be
considered.
5. While on the other hand, Mrs. Shweta Singh, learned Additional
Public Prosecutor appearing for the respondent-State has made
opposition by pointing out the earlier order dated 05.10.2023 by
which the prayer for suspension of sentence had been rejected.
6. We have heard the learned counsel for the parties and taking into
consideration the age of the appellant, i.e., he is aged about 74 years
and as of now he has undergone the custody of about 03 years and 09
months against the maximum sentence of ten years, this Court is of
the view that the present interlocutory application is to be allowed.
7. Accordingly, the instant Interlocutory Application stands allowed.
8. In consequence 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 learned Additional Sessions Judge-IV, West
Singhbhum at Chaibasa in connection with S.T. Case No.284 of
2021.
9. 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.)
Saurabh/-
