IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal No. 834 of 2004
Bhola Yadav & ors. ...... Appellants
Versus
The State of Jharkhand ...... Respondent
CORAM : HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR.JUSTICE P.P.BHATT
....
For the Appellants : Mr.K.P.Deo,Adv.
For the State : A.P.P.
Order No. 7 Dated- 5th September, 2011
I.A.No.1630 of 2011
1. Heard learned counsel for appellant- Parmeshwar Yadav and learned
Public Prosecutor on application( I.A. No. 1630 of 2011) for suspension
of sentence.
2. Learned counsel for the appellant submitted that it is true that the prayer
for suspension of sentence has been rejected twice but those were rejected
in the year 2004 and the appellant-Parmeshwar Yadav is aged about 74
years and has already served sentence of more than seven years. It is
submitted that the allegation against the appellant is only that he had Lathi
with him and inflicted injuries on non vital part of the victim and has not
caused any fatal injury. It is also submitted that the witness failed to
explain the injuries sustained by the accused and that may be sufficient
ground for even acquittal.
3. Learned Public Prosecutor submitted that the appellant’s presence cannot
be disputed and in view of the above reasons, the role of the appellant has
not of much importance and he actively participated in the crime
committed by all and the appellant bail has been rejected twice earlier.
4. We have considered the submission of the learned counsel for the
appellant and learned Public Prosecutor and perused the medical report as
well as the statement of the witnesses and allegations levelled against the
2.
appellant.
5. Without commenting on the merit, we are of the considered view,
particularly, looking to the age of the appellant for nearly about 74 years,
his application for suspension of sentence is deserved to be allowed and
hence allowed.
6. The appellant-Parmeshwar Yadav son of late Sone Yadav is directed to be
released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)
with two sureties of the like amount , ten thousand each, to the satisfaction
of the learned trial court( Additional Sessions Judge,FTC-VII, Hazaribagh)
in connection with S.T. No. 468 of 2001, arising out of Katkamsandi PS
Case No.82 of 2001.
7. I.A. No. 1630 of 2011 stands disposed of.
( Prakash Tatia, A.C.J. )
( P. P. Bhatt, J )
G.Jha/