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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Saroj Kumar Thakur S/o Badri Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 13731 of 2024
1. This interlocutory application has been filed under Section 430 (1) of B.N.S.S, 2023 for suspension of sentence dated 30.11.2024 passed by Shri Kumar Pawan, learned Additional Sessions Judge-1st, Godda in connection with Sessions Trial Case No. 18 of 2019 arising out of Godda (Town) P.S. Case No. 269 of 2018 corresponding to G.R. Case No. 1718 of 2018 and T.R No. 3692 of 2018, by which the appellants have been sentenced and directed to undergo imprisonment for 10 years with fine of Rs.10,000/- for the offence under Section 307 /34 of the I.P.C and in default of payment of fine, further S.I. for three (03) months and further sentenced to undergo R.I for five (05) years and to pay fine of Rs. 5,000- each for the offence under Section 452 /34 of the I.P.C and in default of payment, further S.I for two (02) months separately.
2. It has been submitted by the learned counsel appearing on behalf of the appellant that the co-accused namely Raj Kumar Thakur who has also been convicted, although in the separate trial being Sessions Trial No. 53/2020, has been directed to be released on bail after suspension of sentence vide order dated 07.02.2025 passed by
The court ruled that consistent witness testimony across related trials can justify bail suspension during appeal, emphasizing judicial discretion in such matters.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
The court maintained that a convicted individual could be granted bail during appeal based on parity with co-defendants, while still upholding the conviction until the appeal is resolved.
Conviction based on inconsistent witness testimonies necessitates suspension of sentence as credibility of evidence is crucial in criminal cases.
Suspension of sentence granted due to lack of specific evidence against the appellant and completion of nine years of imprisonment, highlighting the importance of attributability in criminal convicti....
The court upheld the conviction for gang rape based on credible victim testimony, ruling that contradictions and co-accused acquittals do not automatically justify sentence suspension.
Evidence of a prolonged relationship can influence the decision for suspending a sentence under IPC provisions, particularly where the victim's testimony supports the defense.
The court allows bail pending appeal based on parity with co-accused and the applicant's lengthy custody exceeding ten years.
The court established that an appellant with no prior criminal record warrants bail when the appeal is unlikely to be heard soon.
The court recognized that an appellant's significant duration of custody can justify the suspension of sentence in light of delays in appeal proceedings.
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