Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Pritam Kumar, S/o Late Sukhdeo Prasad – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
I.A. No.1742 of 2025
1.The 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 06.09.2024 passed by learned Additional Sessions Judge-1, Seraikella Kharsawan in connection with S.T. Case No.94 of 2023, arising out of Adityapur P.S. Case No.14 of 2023 whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with fine of Rs.20,000/- and in default of payment of fine, further S.I. for one year.
2. It has been contended on behalf of the appellant that he, being the son, is facing the conviction due to death of his mother, who as per the allegation made in the First Information Report instituted by his sister to be a case of killing her.
3. It has been contended that the mother, who was aged about 75 years, was living alone although under the attendants in the different house. The argument primarily has been made that there is no ingredient of Section 302 of the Indian Penal Code. The appellant has already remained in custody for more than two
The court allowed the suspension of sentence for the appellant, emphasizing the importance of evaluating the duration of custody and justifying the conviction under relevant laws.
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.
Suspension of sentence granted due to lack of evidence and maternal relationship to deceased.
The court allowed the suspension of sentence based on the convict's lengthy custody and the nature of the dispute, emphasizing conditions for bail and future appearances.
The court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
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 ruled that the appellants demonstrated insufficient overt acts contributing to the crime, allowing for bail pending appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
