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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Santosh Paswan @ Santosh Kr. Paswan – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
IA No. 13368 of 2024:
1. The instant interlocutory application has been filed under Section 430 of BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 29.11.2017 and order of sentence dated 04.12.2017 passed by the learned Additional Judicial Commissioner-XII, Ranchi in connection with Sessions Trial Case No. 705 of 2014 arising out of Burmu P.S. Case No. 46 of 2014 corresponding to GR Case No. 4414 of 2014, whereby and whereunder, the appellant has been convicted with other co-accused persons under section 364-A/34 of the IPC and sentenced to undergo imprisonment for life and a fine of Rs. 15,000/- for the said offence and in default of payment, further directed to undergo SI for six months.
2. It has been submitted that identically placed convicts, namely, Rakesh Pandey @ Rakesh Kr. Pandey @ Pappu Pandey has been enlarged on bail vide order dated 16.04.2024 passed in Cr. Appeal (DB) No. 191 of 2018, Banta Paswan has been enlarged on bail vide order dated 05.01.2024 passed in Cr. Appeal (DB) No. 344 of 2018, Surendra Paswan has been enlarged on bail vide order dated 19.02.2024 passed in Cr. Appeal (DB) No. 18 of 2018 and Lala
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 co-convicts granted bail on similar grounds justified the suspension of the appellant's sentence, ensuring equitable treatment under law.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
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 during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
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....
The court should not deal with the merits of the case in detail at the stage of consideration of suspension of sentence, but a prima facie view must be taken. The applicant must establish grounds for....
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
The court may suspend the execution of a sentence pending appeal to ensure justice, especially when co-convicts have received similar relief.
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