Jharkhand High Court
Sitaram Singh vs State Of Jharkhand on 2 September, 2011
Author: D.N.Patel
Bench: D.N. Patel, R.R.Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 1120 of 2011
in
Cr.Appeal (D.B.) No. 926 of 2010
Sitaram Singh ... ... Appellant
Versus
State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE R.R.PRASAD
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For the Appellant: M/s P.K. Sinha, Sr. Adv.
Pandey Neeraj Rai, Adv.
Rohit Ranjan Sinha, Adv.
For the Respondents: M/s I.N. Gupta, A.P.P.
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05/Dated 2nd September, 2011
1. The present interlocutory application has been preferred under Section 389 (1) of the Code of Criminal Procedure for suspension of sentence, awarded to the present appellant by the learned Additional Judicial Commissioner, (F.T.C- VIII), Ranchi on 23rd September, 2010 in Sessions Trial Case No. 14 of 1995, for the offences punishable under Section 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
2. Counsel for the applicant submitted that the applicant is 80 years old and is suffering from paralysis and without assistance he is unable to move or perform his daily routine work. Upon this submission report was called for by this Court by order dated 8th July, 2011.
3. Counsel appearing for the State, A.P.P., submitted that in compliance of the aforesaid order, a detailed affidavit has been filed along with the report of the Medical Officer of Birsa Munda Central Jail, Ranchi.
4. Having heard both the sides and looking to the report of the Medical Officer of the Birsa Munda Central Jail, Ranchi, which is Annexure A to the counter affidavit filed by the State to this Interlocutory Application, it appears that the present applicant is 80 years of age and suffering from various ailments like infectious heart disease etc., the detailed report regarding which reads as under:
"Convict Sita Ram Singh 80 yrs is suffering from Infectious Heart disease with Benign prostatic Hypertrophy with Hypertension. Also he is suffering from tingling sensation of left side of the body. He is taking regular treatment prescribed by RIMS, Ranchi."
But due to said disease he is unable to walk or daily routine work (Toilet, Urinal, bath etc.) without assistance. His hearing and visual capacity is hampered."
5. Thus, as per the report of the Medical officer, the applicant is of much advance age and is also suffering from paralysis and is unable to work or to perform his daily routine work without assistance.
-2-6. In this set of circumstances, we, hereby, suspend the sentence awarded to the present applicant, namely Sita Ram Singh, by the learned Additional Judicial Commissioner, (F.T.C-VIII), Ranchi on 23rd September, 2010 in Sessions Trial Case 14 of 1995 on execution of bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, subject to the condition that the appellant will not leave the State of Jharkhand or change his residential address without prior permission of this Court so that he is available as and when the appeal is heard.
7. This Interlocutory application is allowed and disposed of.
(D.N.Patel, J.) (R.R. Prasad, J.) s.m.