Uday Jonko vs The State Of Jharkhand
2025 Latest Caselaw 4126 Jhar

Citation : 2025 Latest Caselaw 4126 Jhar
Judgement Date : 20 June, 2025

Jharkhand High Court

Uday Jonko vs The State Of Jharkhand on 20 June, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Cr. Appeal (DB) No. 18 of 2025
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Uday Jonko, aged about 36 years, S/O Late Borta Jonko, resident of village- Kuli Todangtola, Guttu Sai, P.O- Chakradharpur, P.S.- Chakradharpur, District- West Singhbhum, Jharkhand ... 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. Awnish Shankar, Advocate For the Respondent : Mr. Shailendra Kr. Tiwari, APP

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04/Dated: 20 June, 2025 th

I.A. No. 19 of 2025:

1. The instant interlocutory application has been filed 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 03.02.2017 and 04.02.2017, respectively passed by the learned Sessions Judge, West Singhbhum at Chaibasa in connection with Sessions Trial No. 138 of 2011 arising out of Chakradharpur P.S. Case No. 133 of 2010 corresponding to G.R. Case No. 284 of 2010 whereby and whereunder, the appellant has been convicted under Section 302 of the India Penal Code and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 10,000/- and in case of default of payment, the appellant shall have to further undergo Rigorous Imprisonment for one year.

2. The learned counsel for the appellant has submitted that the appellant is in judicial custody since 26.10.2010 and already undergone the sentence for about 14 years and 7 months.

3. The argument has also been advanced, on merit, regarding the innocence of the present appellant.

4. While, on the other hand, Mr. Shailendra Kumar Tiwari, learned Public Prosecutor appearing for the respondent-State, although has opposed the prayer for suspension of sentence, but he has not disputed the fact regarding the sentence already undergone by the appellant.

5. Considering the same, the instant interlocutory application stands allowed.

6. Accordingly, I.A. No. 19 of 2025 stands allowed.

7. 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 Sessions Judge, West Singhbhum at Chaibasa in connection with Sessions Trial No. 138 of 2011 arising out of Chakradharpur P.S. Case No. 133 of 2010 corresponding to G.R. Case No. 284 of 2010.

8. 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.