IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Bangali Singh Ganjhu @ Bangali Ganjhu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 269 of 2025:
1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 30.11.2022 passed by the learned Additional Sessions Judge-I, Chatra in S.T. No. 384 of 1993 arising out of Hunterganj P.S. Case No.49 of 1991, G.R. No.551 of 1991whereby and whereunder, the appellant was directed to undergo S.I. for one month under Section 341 of the I.P.C. and further R.I. of one year under Section 323 of the I.P.C and imprisonment for life under both Sections 364 and 302 of the I.P.C. and fine of Rs.10,000/- and in default of payment of fine has been directed to undergo SI for three months.
2. It has been contended on behalf of appellant that prayer for suspension of sentence has been made in earlier interlocutory application being I.A. No. 3940 of 2024 but it was not pressed as would evident from the order dated 07.05.2024. The present interlocutory application being I.A. No. 269 of 2025 has been filed for the consideration of suspension of sentence on the basis of custody, since, the appellant has already remained in custody for more than a period of six years. It has been contended that on merit that the case is of the
Bail may be granted considering long custody, witness reliability over time, and the age of the appellant, which influence the decision on suspension of sentence.
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.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
The court affirmed that credible eyewitness testimony and corroborative medical evidence are essential for upholding convictions under serious offenses.
Credible ocular evidence can uphold a conviction even if it contradicts medical evidence, provided it is consistent and trustworthy.
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....
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
Conviction for murder upheld based on circumstantial evidence and confession, with the court emphasizing the necessity for the accused to explain circumstances surrounding the crime where the victim ....
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.
Eye-witness testimony corroborated by forensic evidence can establish guilt beyond reasonable doubt, and minor contradictions do not undermine the credibility of such evidence.
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