Jharkhand High Court
Vishwanath Mahli Alias Chotu Mahli vs The State Of Jharkhand on 17 March, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.2147 of 2023
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Vishwanath Mahli Alias Chotu Mahli, Aged about 35 years, S/o Ranjit
Mahli, Village-Gholabani, P.S. Sonua, P.O.-Sonua, District-West
Singhbhum at Chaibasa .... .... Appellant
Versus
The State of Jharkhand .... .... Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellant : Mr. Anupam Anand, Advocate
For the State : Mr. Bhola Nath Ojha, Spl. P.P.
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09/Dated: 17.03.2025
I.A. No.2446 of 2025
1. The instant interlocutory application has been filed under
Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
suspension of sentence dated 03.02.2018 passed by the learned
Addl. Sessions Judge-II, West Singhbhum at Chaibasa, in
connection with S.T. Case No.206 of 2016, arising out of Goilkera
P.S. Case No.10 of 2016, corresponding to G.R. Case No.85 of
2016, whereby and whereunder, the appellant has been convicted
under Section 396 of Indian Penal Code and sentenced to undergo
life imprisonment along with fine of Rs.30,000/- and in default of
payment of fine, he shall undergo additional R.I. for one year. The
has further been convicted under Section 412 of the IPC and
sentenced to undergo R.I. for 10 years along with fine of Rs.10,000
and in default of payment of fine, he shall have to undergo additional
R.I. for one year. Further, the appellant has been convicted under
Section 27 of the Arms Act and sentenced to undergo imprisonment
for life along with fine of Rs.20,000/- and in default of payment of
fine, he shall have to undergo additional R.I. for one year. All the
sentences have been directed to run concurrently.
2. It has been contended by the learned counsel for the appellant
that all the co-convicts, namely, Shankar Besra, Manoj Bhuiyan,
Chaitan Lakra, Bima Pandu @ Vimal Pandu and Marshal Burh have
been directed to be released on bail after suspension of sentence by
the Coordinate Bench of this Court vide orders dated 05.04.2022,
09.11.2022, 29.06.2022, 08.08.2022 and 07.07.2022 passed in Cr.
Appeal (DB) Nos.407 of 2018 (In I.A. No.10066 of 2019), 309 of
2022 (In I.A. No.3238 of 2022), 476 of 2018 (In I.A. No.6099 of
2021), 557 of 2018 ( In I.A No.6635 of 2022) and 666 of 2018 (In I.A.
No. 3959 of 2022) respectively and in order to strengthen his
argument, the copy of the orders passed by the Coordinate Bench of
this Court with respect to other co-convicts as referred above, have
been appended in the instant interlocutory application.
3. Learned counsel for the appellant has further submitted that
the case of the present appellant is identically placed to that of the
case of other co-convicts.
4. Learned counsel for the appellant, based upon the aforesaid
grounds, has submitted that it is therefore a fit case for suspension of
sentence.
5. While on the other hand, learned Spl. P.P. appearing for the
respondent-State although has raised objection with respect to
involvement of present appellant so far as culpability said to be
committed by him, but he is fair enough to admit the fact after going
the orders appended in the instant interlocutory application as
"Annexure-I" that the other co-convicts as referred above have been
directed to be released on bail by the Coordinate Bench of this Court
after suspension of their sentence.
6. This Court, after having heard the learned counsel for the
parties and after going through the findings recorded by the learned
trial court in the impugned judgment, as also, the testimony of the
witnesses along with other exhibits, as available in the Trial Court
Records which has been examined in order to come to the
conclusion as to whether the case of the present appellant is
identically placed to that of the other co-convicts, namely, Shankar
Besra, Manoj Bhuiyan, Chaitan Lakra, Bima Pandu @ Vimal Pandu
and Marshal Burh who have been directed to be released on bail
after suspension of sentence by the Coordinate Bench of this Court
vide orders dated 05.04.2022, 09.11.2022, 29.06.2022, 08.08.2022
and 07.07.2022 passed in Cr. Appeal (DB) Nos.407 of 2018 (In I.A.
No.10066 of 2019), 309 of 2022 (In I.A. No.3238 of 2022), 476 of
2018 (In I.A. No.6099 of 2021), 557 of 2018 ( In I.A No.6635 of
2022) and 666 of 2018 (In I.A. No. 3959 of 2022) respectively, is of
the view that the case of the present appellant is identically placed to
that of other co-convicts as referred above.
7. This Court, considering the aforesaid, is of the view that the
instant interlocutory application needs to be allowed.
8. Accordingly, interlocutory application being I.A. No.2446 of
2025 stands allowed.
9. In consequence thereof, the appellant, named above, is
directed to be released on bail 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 Addl. Sessions Judge-
II, West Singhbhum at Chaibasa, in connection with S.T. Case
No.206 of 2016, arising out of Goilkera P.S. Case No.10 of 2016,
corresponding to G.R. Case No.85 of 2016.
10. It is made clear that any observation made herein will not
prejudice the issue on merit as the appeal is lying pending for its
consideration.
(Sujit Narayan Prasad, J.)
(Pradeep Kumar Srivastava, J.)
Rohit/-
