Raja Kumar Saw vs The State Of Jharkhand
2025 Latest Caselaw 5976 Jhar

Jharkhand High Court

Raja Kumar Saw 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.1497 of 2022
                                    -----
           Raja Kumar Saw, S/o Rohan Saw, R/o Village- Station Road, P.O.
           and P.S.- Gomia, District- Bokaro
                                                     ... Appellant(s).
                                    Versus
           The State of Jharkhand                    ... Respondent(s).

           CORAM       :       SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Raja Ravi Shekhar Singh, Advocate For the State : Mr. Pankaj Kumar Mishra, AddI. P.P. .........

08 /18.09.2025: I.A. No.11048 of 2025 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with in Sessions Trial No.196 of 2020, for the offence under Sections 302/120(B) of IPC and Sections 25(1-B)a/35, 26/35 and 27/35 of the Arms Act. He has been sentenced to undergo imprisonment for life with a fine of Rs.10,000/- for the offence under Section 302/120(B) of IPC along with other sentences for other offences.

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

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. There is direct allegation against the appellant of committing murder. There are evidences in support of the allegation. The earlier application was rejected on merits.

6. Further, the Hon'ble Supreme Court in the case of Omprakash Sahni vs. Jai Shankar Chaudhary and another, reported in 2023 (6) SCC 123 has held that the endeavour on the part of the Court should be to see as to whether the case presented by the prosecution and accepted by the Trial Court can be said to be a case in which, ultimately the convict stands for fair chance of acquittal, if the answer is affirmative, he should not be kept behind the bar for a pretty long period. However, the Court should not reappreciate the evidence and try to pick up a few lacunae or loophole in the case of the prosecution.

7. Considering the aforesaid facts, we find no fresh ground to entertain this application, the same is dismissed.

8. I.A. No. 11048 of 2025 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) 18th September, 2025 R.S./Sandeep