Jharkhand High Court
Amit Kumar @ Ram Pravesh @ Amit Singh Aged ... vs The State Of Jharkhand on 2 April, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 505 of 2024
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Amit Kumar @ Ram Pravesh @ Amit Singh aged about 32 years, Son of Mungeshwar Singh, resident of village- Balgara Nawadih, P.O.:- Kedli Kala, P.S. Hunterganj, District-Chatra.
... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellant : Mr. Suraj Kishor Prasad, Advocate For the Respondent : Mr. Pankaj Kr. Mishra, A.P.P
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nd 15/Dated: 2 April, 2025 I.A. No. 3573 of 2025:
1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence (provisionally) dated 03.02.2024 passed by the learned Additional Judicial Commissioner-I, Ranchi, in S.T. Case No. 178 of 2019 whereby and whereunder, the appellant were convicted under Sections 364/34, 302/34 & 201/34 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.10,000/- for the offences under Sections 364 and 302 read with Section 34 of the I.P.C. and in default of payment of fine further R.I. of four months. He has further been sentenced to undergo R.I. for five years along with fine of Rs.10,000/- for the offence under Section 201 of the I.P.C. and in default of payment of fine, further R.I. for two months.
2. This I.A. has been filed on the ground for getting the cataract operation of the father of the appellant which has urgently been advised by the Doctor of Sadar Hospital as per Annexure-I.
3. Learned counsel appearing for the appellant has submitted that the appellant is the sole male member to take care of his father and since the cataract has matured, as per the report of the doctor, as such, this interlocutory application has been filed for suspension of sentence (provisionally) for removal of cataract. Hence, this interlocutory application may be allowed.
14. Learned Additional Public Prosecutor appearing for the respondent- State has opposed the instant interlocutory application.
5. We have heard learned counsel for the parties and gone through the contents as stated in the instant interlocutory application along with report of the District Hospital, Chatra dated 08.03.2025 wherein the need of urgent surgery of cataract has been pointed out and as such the father of the appellant has been referred to the Sadar Hospital, Hazaribag. The appellant being the son and the only male member in the family has been taken as a plea.
6. This Court considering the reason as has been stated in the instant interlocutory application coupled with the fact that the doctor of Sadar Hospital, Chatra has advised that the father of the appellant is in need of urgent surgery of cataract, as such, has been referred to Sadar Hospital, Hazaribag. Hence, we are of the view that the instant interlocutory application deserves to be allowed by provisionally suspending the sentence.
7. Accordingly, the instant interlocutory application stands allowed, as such disposed of.
8. The appellant is directed to be released on provisional bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-I, Ranchi in S.T. Case No. 178 of 2019.
9. The appellant is directed to surrender before the court below on or before 21.04.2025 and the surrender certificate be filed before this Court by way of an affidavit on or before the next date of listing.
10. Let this matter be listed on 24th April, 2025.
11. Let the copy of this order be sent through FAX to the concerned court forthwith.
(Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Amar/-
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