Laxman Oraon @ Lakshman Oraon @ Lachhu vs The State Of Jharkhand
2025 Latest Caselaw 3179 Jhar

Jharkhand High Court

Laxman Oraon @ Lakshman Oraon @ Lachhu vs The State Of Jharkhand on 7 March, 2025

Author: Navneet Kumar

Bench: Navneet Kumar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Appeal (SJ) No. 158 of 2025

     Laxman Oraon @ Lakshman Oraon @ Lachhu, aged about 40 years, son of
     Sri Charu Oraon, Resident of Barodak, P.O. & P.S. Angara, District-Ranchi
                                                             --- --- Appellant
                                    Versus
     The State of Jharkhand                                  --- --- Respondent
                                          .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Nilesh Kumar, Advocate For the State : Mr. Pankaj Kumar Mishra, APP

06/07.03.2025 This Appeal is admitted.

2. Learned APP waives notice on behalf of the State.

3. Let the LCR be called for from the concerned Court below.

I.A. No. 2028 of 2025

4. Heard learned counsel for the appellant and the learned APP representing the State.

5. The instant interlocutory application has been filed for suspension of sentence of the appellant by enlarging him on bail during pendency of the instant criminal appeal, which has been preferred against the judgment of conviction dated 23.01.2025 and order of sentence 24.01.2025 passed in S.T. No.993 of 2022 arising out of Angara P.S. Case No.72 of 2022 corresponding to G.R. Case No.3521 of 2022 by the learned Additional Judicial Commissioner- V, Ranchi whereby the appellant has been convicted for the offence punishable under Section 304(part-II) of IPC and sentenced to undergo S.I. for 5 years and a fine of Rs. 10,000/- and in default of payment of fine, S.I. for 06 months.

6. It is submitted on behalf of the appellant that he is all along in custody since 01.09.2022 and about more than 2 years 06 months has been passed and as such he has already served half of the sentence out of five years for the offence punishable under Section 304(part-II) of the IPC.

7. Further, it has also been submitted on behalf of the appellant that the occurrence has taken place in a sudden fight between the parties and therefore, conviction is under Section 304(part-II) of the IPC and half of the sentence has already been served by him. It is also submitted that this appeal is not likely to be taken up in near future and in this view of the matter it is urged on behalf of the appellant that let the appellant be enlarged on bail by suspending the order of sentence.

8. On the other hand, learned APP appearing on behalf of the State has opposed the contentions raised by the appellant and submitted that although the appellant has served half of the sentence but there is a direct evidence against the appellant for inflicting injuries upon the victim by which he died and he has been convicted under Section 304(part-II) of the IPC and therefore he does not deserve to be enlarged on bail.

9. Having heard the parties, perused the record of the case.

10. In view of the persuasive submission advanced by the learned counsel for the appellant, it is found just and proper to enlarge the appellant on bail.

11. Accordingly, the appellant named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-V, Ranchi in connection with S.T. No.993 of 2022 arising out of Angara P.S. Case No.72 of 2022 corresponding to G.R. Case No.3521 of 2022.

12. I.A. No. 2028 of 2025 is allowed and as such disposed of.

(Navneet Kumar, J.) Basant/S.Das

2 Cr. Appeal (SJ) No. 158 of 2025