Birbal Singh vs The State Of Jharkhand
2025 Latest Caselaw 5972 Jhar

Jharkhand High Court

Birbal Singh vs The State Of Jharkhand on 18 September, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (D.B.) No. 629 of 2024
                             ------
 1. Birbal Singh
 2. Wakil Singh @ Wakil Rai @ Benga Singh
 3. Kishore Singh @ Shree Singh
 4. Vinod Singh
 5. Ganesh Rai @ Ganesh Singh                       ....   ....   ....     Appellants
                                    Versus
 The State of Jharkhand                             ....   ....   ....   Respondent


 CORAM:           SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

For the Appellants : Mr. Mahesh Tewari, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P.

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08/18.09.2025 I.A. No. 623 of 2025

This interlocutory application has been filed by the appellant no. 1, praying therein to suspend the sentence and release them on bail during the pendency of this appeal.

2. The appellants have been convicted under Sections 147, 148, 323/149 and 302/149 of IPC in connection with Sessions Trial Case No. 321/2018 [arising out of Gandey P.S. Case No. 35 of 2018 & G.R. No.726 of 2018]. All the appellants have been sentenced to undergo life imprisonment and a fine of Rs. 10,000/- for the offence under Sections 302/149.

3. Heard, the learned counsel for the appellants and learned S.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. By a detailed order considering all the points on 20.08.2024, I.A. No. 8459 of 2024 for suspension of sentence and release them on bail was rejected.

5. Learned counsel for the appellants has submitted that only on the pretext of grazing of crops, this incident had occurred. He submits that there was no intention to commit murder of the deceased.

6. The fact remains that the deceased died because of the assault which is not disputed and it is also not disputed that appellant no. 1 and co-accused have taken part in this incident. Whether this case comes under Section 302 or 304 part II of the Indian Penal Code will be decided at the time of hearing. Even it comes under Section 304 (2) of the Indian Penal Code, for the sake of argument, we find that the allegation clearly suggests that this appellant and others had assaulted the deceased with Axe, Spade, Bhakuwa (Tangi), Sword and other weapons which has been dealt with in our earlier order. The custody of the appellants is only of two years.

7. Accordingly, we are not inclined to suspend the sentence and grant bail to the appellant no. 1.

8. I.A. No. 623 of 2025 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) 18.09.2025

Sandeep/Pawan