IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A.No. 460 of 2011
IN
Criminal Appeal (D.B.)No.135 of 2008
Nageshwar Mahto. ... ... ... ... ...Appellant
-Versus-
The State of Jharkhand. ... ... ... ...Respondent
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CORAM: HON’BLE MR. JUSTICE D.N.PATEL
HON’BLE MR. JUSTICE D.K.SINHA
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For the Appellant: Mr. Amar Kumar Gupta, Advocate.
Mr. S.K.Keshri, Advocate.
For the State: A.P.P.
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12/ Dated 24th June, 2011
Oral order:
Per D.N.Patel,J:
1. The present application has been preferred under Section 389 of
the Code of Criminal Procedure for suspension of sentence awarded by
the Trial Court in Sessions Trial No.378 of 2006 whereby the present
applicant, who is the original accused No.1 was punished mainly for the
offence under Section 302 of the Indian Penal Code for life
imprisonment.
2. Having heard both the sides and looking to the evidence on
record, prima facie there is case against the present applicant. There is
enough evidence on record against the present applicant. Moreover,
previously also twice the prayer for suspension of sentence has been
rejected by this Court. There is no change in the circumstance thereafter,
hence we are not inclined to suspend the sentence awarded by the Trial
Court. Nonetheless, we hereby direct the Registry to enlist the Criminal
Appeal for its regular term, looking to the year in which the Criminal
Appeal is filed.
3. I.A.No. 460 of 2011 is disposed of as dismissed.
[D.N.Patel,J.]
[D.K.Sinha,J.]
P.K.S./S.B.