Nirmal Yadav vs The State Of Jharkhand
2025 Latest Caselaw 4343 Jhar

Jharkhand High Court

Nirmal Yadav vs The State Of Jharkhand on 30 June, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Appeal (D.B) No.1945 of 2017
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 Nirmal Yadav                                      .....         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. Pran Pranay, Advocate For the State : Mrs. Vandana Bharti, A.P.P For the Informant : Mr. Ravi Prakash Mishra, Advocate

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th 07/Dated: 30 June, 2025 I.A. No.5207 of 2025

1. The instant interlocutory application has been filed

under Section 415(2) of the BNSS, 2023 for suspension of

sentence in connection with the judgment of conviction and

order of sentence dated 22.09.2017, passed by the learned

Principal Sessions Judge, Pakur in Sessions Trial No. 45 of

2015, arising out of Maheshpur P.S. Case No. 3 of 2015,

whereby and whereunder, the appellant has been convicted

for the offence under Sections 302/ 34 of the Indian Penal

Code and under Section 27 of the Arms Act and directed to

undergo RI for life and to pay a fine of Rs. 5,00,000/- for the

offence under Sections 302/ 34 of the Indian Penal Code with

default clause .

2. Learned counsel appearing for the appellant has

submitted that although the prayer for suspension of

sentence has been rejected twice, one vide order dated

12.12.2017 and another vide order dated 01.05.2018, but, the

prayer for bail of appellant is being renewed only on the

ground of custody, since, the appellant has already completed

the sentence of ten years and one month.

-1- Cr. Appeal (DB) No.1945 of 2017

3. Learned counsel appearing for the State as also the

informant have vehemently opposed the prayer for

suspension of sentence, by taking the ground that earlier the

prayer for bail has been rejected twice. However, the

completion of the period/ sentence of ten years and one

month has not been disputed.

4. This Court, after having heard learned counsel for the

parties and taking into consideration the period of custody,

i.e., the period of ten years and one month already undergone

by the appellant, is of the view that the prayer made in the

instant interlocutory application needs to be allowed.

5. Accordingly, I.A. No. 5207 of 2025 stands allowed.

6. 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 Principal Sessions

Judge, Pakur, in connection with Sessions Trial No. 45 of 2015

arising out of Maheshpur P.S. Case No. 3 of 2015.

(Sujit Narayan Prasad, J. )

(Rajesh Kumar, J.) Ravi-Chandan/-

                                     -2-              Cr. Appeal (DB) No.1945 of 2017