The court allowed the suspension of sentence for the appellant based on the identical circumstances of co-accused who were granted bail, affirming that significant time served in custody justified the decision.

JUDGMENT :

I.A.(Cr.) No.2176 of 2025

1. The instant interlocutory application has been filed on behalf of appellant no.3, namely, Bage Oraon under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita , 2023 for suspension of sentence dated 03.07.2018 passed by the learned Addl. Judicial Commissioner-III-cum-F.T.C. (CAW) Ranchi, in connection with Session Trial No.24 of 2017, arising out of Lapung P.S. Case No.31 of 2016, corresponding to G.R. No.5481 of 2016, whereby and whereunder, the appellant has been convicted under Sections 147, 323, 302/149 of Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act , 2001 and sentenced to undergo life imprisonment along with fine of Rs.10,000/- and in default of payment of fine, he shall undergo R.I. for one year for the offence under Section 302 of the I.P.C. and has further been sentenced for the offences as aforesaid.

2. It has been contended on behalf of the appellant that although, the prayer for suspension of sentence of the present appellant has been rejected by the Coordinate Bench of this Court vide order dated 17.07.2019 but subsequent thereto, the other appellants, namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon had again renewed their prayer for suspension of sentence by filing interlocutory application being I.A. No.11112 of 2022 and I.A. No.11222 of 2022 and their sentence has been suspended by the Coordinate Bench of this Court vide order dated 21.02.2024.

3. It has been contended that the case of the appellant no.3-Bage Oraon, is identically placed to that of the case of other appellants, namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon since allegations against all the other co-appellants (co- accused persons) as referred above, are identical to that of appellant no.3, namely, Bage Oraon.

4. It has also been contended that the appellant no.3, namely, Bage Oraon, had already undergone the sentence of more than eight years.

5. Learned counsel for the appellant, based upon the aforesaid grounds, has submitted that it is, therefore, a fit case for suspension of sentence.

6. While on the other hand, learned Spl. P.P. appearing for the respondent-State has vehemently opposed the prayer for suspension of sentence on the ground of merit but, she, after going through the order dated 21.02.2024 passed by the Coordinate Bench of this Court in I.A. No.11112 of 2022 and I.A. No.11222 of 2022, is fair enough to admit the fact that the identically placed co-accused persons, namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon have been directed to be released on bail after suspension of their sentence.

7. We have heard the learned counsel for the parties and considered the submission made on their behalf.

8. We, on consideration of the order dated 21.02.2024 passed by the Coordinate Bench of this Court in I.A. No.11112 of 2022 and I.A. No.11222 of 2022 have found that the co-accused persons, namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon, have been directed to be released on bail after suspension of their sentence.

9. This Court, in order to examine the imputation as has been said to be committed by the appellant no.3, namely, Bage Oraon to that of other co-accused persons, namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon, has found that the allegations against the present appellant no.3, namely, Bage Oraon are identical to that of other co-appellants (co-accused persons), namely, Mahadev Oraon, Bandhan Oraon @ Bandhana Oraon and Birsa Oraon. Moreover, the appellant has remained in custody for more than eight years.

10. This Court, therefore, considering the aforesaid fact, is of the view that the instant interlocutory application needs to be allowed.

11. Accordingly, interlocutory application being I.A.(Cr.) No.2176 of 2025 stands allowed.

12. In consequence thereof, the appellant no.3, namely, Bage Oraon, is directed to be released on bail on furnishing bail bond of Rs.2