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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (D.B.) No.298 of 2019

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1. Ram Singh Banara, aged about 47 years S/O Triban Banra

2. Mangu Banara, aged about 47 years S/o Porma Banara

Both are R/O-Forest Block Tola Dalmabera, P.S.+P.O.-Jadugora

Dist.-East Singhbhum …. …. Appellants

Versus

The State of Jharkhand ..... .... Respondent

CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For Appellant No.2 : Mr. Shiv Prasad Singh, Advocate

For the State : Mr. Azeemuddin, A.P.P.

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05/Dated: 29.01.2026

I.A. No.17207 of 2025

1. The instant interlocutory application has been filed on behalf of

appellant no.2, namely, Mangu Banara under Section 430(1) of

the B.N.S.S., 2023 for suspension of sentence dated 08.02.2019

passed by the learned Addl. Sessions Judge-I, Ghatsila, in

connection with Jadugora P.S. Case No.49 of 2016 corresponding

to G.R. Case No.475 of 2016, whereby and whereunder, the

appellant has been convicted for the offence under Section 302

read with Section 34 of the IPC and sentenced to undergo R.I. for

life along with fine of Rs.10,000/-. He has further been sentenced

to undergo R.I. for two years for the offence under Section 324

read with Section 34 IPC and in default of payment of fine, he has

further been directed to undergo S.I. for three months.

2. It has been contended on behalf of appellant no.2 that although,

the prayer for suspension of sentence of the present appellant

has been rejected, by this Court vide order dated 20.03.2024

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passed in I.A. No.2679 of 2024 but the prayer has been renewed

on the ground that the appellant no.2 has undergone the sentence

of nine years against the maximum sentence of life and co-

convict, namely, Ram Singh Banara has been directed to be

released on bail after suspension of sentence by the Coordinate

Bench of this Court, vide order dated 28.08.2024 passed in I.A.

No.7439 of 2024.

3. Learned A.P.P. appearing for the respondent-State has

vehemently opposed the prayer for suspension of sentence.

4. It has been contended by him that the prayer for suspension of

sentence has already been dealt with by this Court and on

consideration of testimony of P.W.7, the eye witness, the said

prayer has been rejected, vide order dated 20.03.3024 passed in

I.A. No.2679 of 2024.

5. It has been contended that so far as the prayer for suspension of

sentence on the ground of parity is also not applicable if the order

passed by the Coordinate Bench of this Court vide order dated

28.08.2024 passed in I.A. No.7439 of 2024 will be taken into

consideration, wherein, the Coordinate Bench has made an

observation that the case of the present appellant is

distinguishable to that of the case of the appellant no.1, Ram

Singh Banara, since, the specific attributability has been casted

upon the present appellant by P.W.7, the eye witness, of giving

fatal blow over the head of the deceased.

6. It has also been contended that merely on the ground of period of

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custody of nine years, the sentence is not fit to be suspended.

7. We have heard the learned counsel for the parties and gone

through the findings recorded by the learned trial court in the

impugned judgment, as also, the order passed by this Court, vide

order dated 20.03.2024 passed in I.A. No.2679 of 2024, wherein,

while considering the prayer for suspension of sentence, this

Court has taken note of testimony of P.W.7, the eye witness, who

remained consistent in the cross-examination also, has rejected

the prayer for suspension of sentence.

8. It is the admitted case that the order passed by this Court on

20.03.2024 in I.A. No.2679 of 2024 has not been challenged

before the Higher Forum.

9. Since, we have already taken a view on the issue on merit by

taking into consideration the testimony of P.W.7, eye witness and

as such, it will not be just and proper to again consider the issue

on merit. However, in addition thereto, further grounds have been

taken, i.e., the parity and the period of custody.

10. So far as the issue of parity is concerned,