JHARKHAND HIGH COURT ISSUES ORDER ON JAGDISH RANA AND ANR. V/S THE STATE OF JHARKHAND

RANCHI, India, Sept. 12 -- Jharkhand High Court issued the following order on Aug. 12:

1. The instant interlocutory application has been filed under Section 430 of the BNSS, 2023 by the appellant no.2, namely, Shankar Rana for keeping the sentence in abeyance in connection with the judgment of conviction dated 26.08.2021 and order of sentence dated 31.08.2021 passed by the learned Additional Sessions Judge-VII cum Special Judge Crime Against Women, Hazaribag in connection with Sessions Trial Case No.04 of 2021 arising out of Barkatha PS Case No.118 of 2020 whereby and whereunder, both the appellants have been convicted under Section 304-B of the IPC and sentenced to undergo R.I. for 10 years. It has also been directed that the period of detention undergone by them during investigation, inquiry or trial of the case shall be set off against the term of imprisonment imposed on him.

2. At the outset, it needs to mention here that earlier the prayer for suspension of sentence of the co-convict, namely, Jagdish Rana has been allowed by a co-ordinate Bench of this Court vide order dated 12.01.2023 passed in I.A No.112 of 2023.

3. Thereafter, vide order dated 21.07.2023 passed in I.A No.5913 of 2023 the prayer for suspension of sentence of the present applicant, namely, Shankar Rana has been rejected by a co-ordinate Bench of this Court. Thereafter, vide order dated 24.10.2024 passed in I.A No.5133 of 2024 the prayer of suspension of sentence of the present applicant has been dismissed as not pressed by a co-ordinate Bench of this Court.

4. Now, this is the third attempt by the applicant, namely, Shankar Rana for suspension of sentence during pendency of the present criminal appeal being Cr. Appeal (DB) No.339 of 2021.

5. It has been contended on behalf of the applicant that the applicant/ appellant has falsely been implicated in the present case as he is the husband of the deceased.

6. The sole ground taken for suspension of sentence of the applicant/appellant is that he has already remained in judicial custody for about 5 years and, as such, he has completed half of the sentences awarded to him as he has been in judicial custody since 06.09.2020.

7. While, on the other hand, Mr. Shiv Shankar Kumar, learned APP appearing for the respondent-State of Jharkhand has vehemently opposed the prayer for suspension of sentence and submitted that earlier a co-ordinate Bench of this Court has rejected the prayer of suspension of sentence of the appellant, but he has been fair enough to submit that as per custody report, the appellant/applicant has completed about half of the sentence awarded to him.

8. We have heard the learned counsel for the parties and gone across the findings recorded by the learned trial Court in the impugned judgment also the averments made in the instant interlocutory application being I.A No.8880 of 2025.

9. The sole ground taken on behalf of the applicant is that the appellant/applicant, namely, Shankar Rana has completed half of the sentence awarded to him.

10. It appears that the present applicant/appellant has remained in judicial custody for about five years and, thus, he has completed half of the sentences awarded to him.

11. Considering the aforesaid facts, this Court is of the view that the present appellant/applicant has been able to make out a case for suspension of sentence during pendency of this appeal in view of the judgment passed by the Hon'ble Apex Court in the case of "Saudan Singh V. The State of Uttar Pradesh" reported in 2021 SCC OnLine SC 3259.

12. Accordingly, I.A. No.8880 of 2025 stands allowed.

13. In consequence thereof, the applicant, namely, Shankar Rana is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII cum Special Judge Crime Against Women, Hazaribag in connection with Sessions Trial Case No.04 of 2021 arising out of Barkatha PS Case No.118 of 2020.

14. It is made clear that any observation made hereinabove will not prejudice the case on merit, since, the criminal appeal is lying pending before this Court for its consideration.

15. In view thereof, I.A. No.8880 of 2025 stands disposed of with the aforesaid observation and direction.

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