Sudhir Mahali vs The State Of Jharkhand
2025 Latest Caselaw 7057 Jhar

Jharkhand High Court

Sudhir Mahali vs The State Of Jharkhand on 20 November, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Cr. Appeal (DB) No. 1170 of 2024
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Sudhir Mahali, son of Sri Tarapada Mahali, aged about 38 years, resident of Birra, P.O. & P.S. Patamda, District East 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 ARUN KUMAR RAI

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For the Appellant                 :Mr. Prabhat Singh, Advocate
For the Respondent                :None
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Order No.10/Dated 20th November, 2025 I.A. No. 14830 of 2025

1. The instant interlocutory application has been filed for suspension of sentence, which is the second attempt, after rejection of the earlier prayer for suspension of sentence vide order dated 07.01.2025 passed in I.A. No. 8086 of 2024, wherein the appellant had sought suspension of sentence in connection with the judgment of conviction dated 19.03.2024, whereby and whereunder the appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.

2. Learned counsel appearing for the appellant has submitted that the ground taken for suspension of sentence is the period of sentence already undergone, i.e., about four years out of the maximum sentence of life imprisonment.

3. None is present to represent the State.

4. We have heard the learned counsel for the appellant and have gone through the earlier order dated 07.01.2025. The ground taken is the period of sentence already undergone, i.e., four years, as against the maximum sentence of life imprisonment.

5. We have already considered the case on merits, and based upon the testimony of P.W.-3, the DNA profile, and the testimony of

Page 1 the doctor (P.W.-5), we did not find the case fit for suspension of sentence, as would appear from the order dated 07.01.2025.

6. So far as the ground of custody is concerned, the appellant is renewing the prayer for suspension of sentence on the ground that he has undergone four years of imprisonment as against the maximum sentence of life imprisonment, which cannot be said to be a valid ground for consideration of suspension of sentence leaving aside the involvement of the present appellant, as has been dealt with by this Court in the earlier order dated 07.01.2025, which has not been challenged by filing any appeal before the Hon'ble Apex Court.

7. This Court, taking into consideration the aforesaid reasons as referred to hereinabove, and also noting that, based on the confessional statement of the appellant, the weapon i.e., the axe with the thumb impression of the accused and the blood- stained clothes of the deceased were also recovered, is of the view that the present interlocutory application is liable to be rejected

8. Accordingly, I.A. No. 14830 of 2025 is dismissed and stands disposed of.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

20.11.2025 Umesh/Abhishek

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