Post-conviction suspension of sentence requires identifying exceptional circumstances or a clear prima facie case for acquittal. Parity is not a standalone right but is contingent upon the specific role and culpability of the offender compared to co-accused already released on bail.

C.A.V. on 16.12.2025 Pronounced on 07/01/2026

Per Sujit Narayan Prasad, J.

I.A. (Cr.) No. 15053 of 2025

1. The instant interlocutory application has been preferred by appellant No.2, namely, Durgesh Yadav @ Satyendra Yadav filed under Section 430(1) of BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 02.05.2024 and order of sentence dated 06.05.2024 passed by the learned Sessions Judge, Garhwa; in Sessions Trial No. 32 of 2017, arising out of Bardiha P.S. Case No. 60 of 2015, whereby and where under the accused persons including the present appellant/applicant have been convicted under Sections 302/34, 307/34, 504/34 and 341/34 of the IPC and sentenced to undergo R.I for life along with a fine of Rs.20,000/- each under section 302/34 of the IPC and in default of payment of fine, they have been ordered to undergo R.I of six months, R.I. for ten years with a fine of Rs.20,000/- each under section 307/34 of the IPC and in default of payment of fine, they have been ordered to undergo R.I of six months, R.I. for one year under section 341/34 of the IPC and R.I for two years under section 504/34 of the IPC, and it has also been ordered that all the sentences run concurrently and period of detention already undergone by the appellants as under trial prisoner be set off from above period of sentence.

2. This Court has heard the learned senior counsel appearing for the present applicant and the learned counsel appearing for the State as well as the learned counsel appearing for the informant at length on the application for suspension of sentence of the present applicant on 16.12.2025 and after concluding the argument, the order was reserved on the same day.

Factual Matrix

3. Prosecution case in brief as per fardbayan of informant namely Saroja Devi recorded on 21.12.2015 wherein it has been stated by the informant that on the same day at about 7:00 P.M. she along with her father Ram Prasad Yadav (now deceased) were taking the buffaloes towards a well for drinking water, in the meantime, Ramchandra Yadav came and told that your cow grazed my rahar crops and started abusing her father. Her father resisted and said not to abuse, meanwhile, Durgesh Yadav with lathi, Awadhesh Yadav with sabal, Gudan Yadav with tangi, Basmati Devi and Sunita Devi came near her bhandar, started abusing and assaulting her and her father with lathi, tangi and sabal. Her father in order to save his life running away but all of them chased him and attacked with lathi, tangi, sabal and assaulted him on whole body, due to which he fell down after becoming unconscious and he was taking to Garhwa hospital for treatment but on the way he died. The accused persons have also injured her by beating. Hence the present case.

4. On the basis of the aforesaid fardbayan, a formal FIR was instituted against the accused persons as Bardiha PS Case No.60 of 2015 dated 21.12.2015 under sections 147, 148, 149, 341, 323, 324, 307, 504 and 302 of the IPC against the six named accused persons. On completion of investigation, the police have submitted charge sheet No.