Nityanand Singh @ Babu vs The State Of Jharkhand
2025 Latest Caselaw 5452 Jhar

Jharkhand High Court

Nityanand Singh @ Babu vs The State Of Jharkhand on 2 September, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
       Cr. Appeal (D.B.) No. 413 of 2023
Nityanand Singh @ Babu ...           ...     ... Appellant
               Versus
The State of Jharkhand ...     ...       ... Respondent
                 ...

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

For the Appellant : Mr. Kaushik Sarkhel, Advocate For the Respondent : Mrs. Vandana Bharti, A.P.P. ...

Order No.12/dated 02.09.2025

I.A.No. 11748 of 2025

The instant application has been filed under Section 389(1)

of the Code of Criminal Procedure for suspension of sentence in

connection with the Judgment of Conviction and Order of

Sentence dated 04.02.2023 passed by the learned Addl. Sessions

Judge-I, West Singhbhum at Chaibasa in S.T.No. 183 of 2007,

arising out of Gua P.S. Case No. 83 of 2006 whereby and

whereunder the appellant has been convicted and sentenced to

undergo to life imprisonment along with a fine of Rs. 10,000/- for

the offence under Section 364-A of the Indian Penal Code.

2. Learned Counsel appearing for the appellant in addition to

the issue of the attributability, said to be committed having not

conclusively been proved has also taken the ground that the

appellant, namely, Nityanand Singh @ Babu has been detected

with oral malignancy. A copy of the report received from the

RIMS has been placed for perusal of the Court.

3. However, the said report is not available on record.

4. It has also been submitted that he is also not being treated

properly.

5. This Court, in view of the above, is of the view that the

entire medical report of the treatment is required to be seen.

6. Learned Addl. Public Prosecutor appearing for the State is

directed to produce the entire medical report of the appellant on

the next date of hearing.

7. In the meanwhile, additional affidavit, if any, be filed

bringing on record the additional documents along with the

medical report, subject to availability.

8. List this matter on 04.09.2025.

9. Let this order be communicated by the learned A.P.P.

forthwith to the Director, RIMS and the Superintendent, RIMS

for ensuring compliance of the aforesaid direction.

10. The original record is to be produced by the

Superintendent, RIMS or any other Officer having with the

responsibility.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.) P.K.S.