Jharkhand High Court
Ranjeet Choudhary @ Ranjeet Kumar ... vs The State Of Jharkhand on 18 September, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1 of 2025
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Ranjeet Choudhary @ Ranjeet Kumar Chaudhary, aged
about 57 years, S/o Praduman Chaudhary, resident of
village Jarangdih, Krishna Ballabh College, P.O. Bermo,
P.S. Bokaro Thermal, Dist: Bokaro. ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellant : Mr. Pran Pranay, Advocate
For the State : Mr. Pankaj Kr. Mishra, A.P.P.
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Order No. 09/Dated 18 September, 2025
th
I.A. No.9762 of 2025
1. The instant interlocutory application has been filed
under Section 430(1) of Bhartiya Nagarik Suraksha
Sanhita, 2023 on behalf of the appellant for suspension of
sentence dated 30.11.2024 passed in connection with
Sessions Trial No.141 of 2022 arising out of Bokaro
Thermal P.S. Case No.155 of 2020 by the learned Addl.
Sessions Judge-II, FTC, Bermo at Tenughat (Bokaro)
whereby and whereunder, the appellant has been convicted
and sentenced to undergo rigorous imprisonment for 12
years with fine of Rs.20,000/- for the offence under Section
376(2)(n) of the Indian Penal Code and in default of
payment of fine amount, to further undergo R.I. for six
months.
2. Mr. Pran Pranay, learned counsel appearing for the
appellant, has submitted that earlier to the instant
interlocutory application, one another interlocutory
application was filed being I.A. No.2164 of 2025, however,
the same was withdrawn after some argument.
3. Learned counsel has submitted that the prayer for
suspension of sentence has again been renewed by filing
the instant interlocutory application on the ground of
custody of more than three years against the maximum
sentence of 12 years.
4. Learned counsel has submitted that based upon the
aforesaid ground, the prayer for suspension of sentence
may be considered.
5. On the other hand, learned counsel appearing for
the State has made opposition so far as the issue on merit
is concerned, but has admitted the fact that in a case of
term sentence, if the sentence has been substantially
undergone, then the prayer can be considered.
6. We have learned counsel for the parties and gone
through the rival submissions made on their behalf.
7. The appellant has been sentenced for maximum
punishment of 12 years against which he has remained in
custody for more than three years which he has completed
on 20.07.2025.
8. At this juncture it needs to refer herein the settled
proposition of law that when a convicted person is
sentenced to a fixed period of sentence and when he files
an appeal under any statutory right, suspension of
sentence should be considered by the Appellate Court
liberally unless there are exceptional circumstances,
reference in this regard be made to the judgment rendered
by the Hon'ble Apex Court in the case of Aasif @ Pasha vs.
The state of U.P & Ors. 2025 Live Law (SC) 784.
9. This Court, considering the fact that against the
term punishment, if the substantial period of sentence has
been undergone, then the prayer for suspension is to be
considered.
10. This Court, considering the fact that the appellant
has already undergone sentence of 03 years and the instant
appeal which is of the year 2025 is not likely to be taken up
in near future as such, is of the view that the instant
interlocutory application needs to be allowed.
11. Accordingly, the instant Interlocutory Application
stands allowed.
12. In view thereof, the appellant, named above, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
of the like amount each to the satisfaction of learned Addl.
Sessions Judge-II, FTC, Bermo at Tenughat (Bokaro) in
connection with Sessions Trial No.141 of 2022 arising out
of Bokaro Thermal P.S. Case No.155 of 2020.
(Sujit Narayan Prasad, J.)
(Pradeep Kumar Srivastava, J.)
18th September, 2025
Birendra/
