IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Pramila Devi W/o Dilawar Kharwar – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
I.A. No. 1279 of 2025
1. This instant interlocutory application has been filed on behalf of appellant under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 18.07.2024 passed by learned Additional Sessions Judge-II, Palamau in connection with Sessions Trial No. 105A of 2015, arising out of Chainpur P.S. Case No.102 of 2009 (G.R. Case No.901 of 2009) whereby and whereunder, the appellant has been convicted for the offences under Sections 148 , 302/149 and 120(B) of the INDIAN PENAL CODE and sentenced to undergo rigorous imprisonment for life for the offences punishable under Sections 302 /149 of the I.P.C. with a fine of Rs.20,000/- and in default of payment of fine, further S.I. for one year, further sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 148 of the I.P.C. with a fine of Rs.5,000/- and in default of payment of fine, further S.I. for four months and further sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 120(b) of the I.P.C. with a fine of Rs.10,000/- and in default of payment of fine, further S.I. for six months.
2. Le
The court ruled that the seriousness of allegations against the appellant justifies the suspension of sentence and enables bail during the appeal process.
The court established that co-convicts granted bail on similar grounds justified the suspension of the appellant's sentence, ensuring equitable treatment under law.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
The court ruled that the appellants demonstrated insufficient overt acts contributing to the crime, allowing for bail pending appeal.
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.
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 th....
Suspension of sentence can only be granted in exceptional cases for serious offences, requiring substantial justification, as established by the appellate court.
The court found that mere presence at the scene of a crime without substantive involvement can justify suspension of sentence in appeal for serious offenses.
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