IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. (Cr.) No. 645 of 2011
In
Cr. Appeal (DB) No. 722 of 2005
Raghubir Prasad @ Raghu Beer Pd. Singh & others ... Appellants
Versus
The State of Jharkhand ... Respondent
CORAM: HON'BLE MR. JUSTICE D.N.PATEL
HON'BLE MR. JUSTICE D.K. SINHA
For the Appellants : M/s Ravi Prakash, C.D. Singh, Advocates
For the State : Mr. T. Mishra, A.P.P.
I.A. No. 645 of 2011
th
31/ Dated: 24 June, 2011
Oral order:
Per D.N. Patel, J.:
1.
The present interlocutory application has been preferred by applicant
no. 6, namely Nand Bihari Giri, under Section 389 of the Code of Criminal
Procedure for suspension of sentence, awarded by the Additional Sessions
Judge, Fast Track Court, Latehar in Sessions Trial No. 171 of 1989 and 171A
of 1989.
2. It appears that though the original Sessions Case is of the year 1989,
the applicant was absconding accused and he appeared in the year, 2005.
3. Having heard counsel for both the sides and looking to the evidences
on record, there are several evidences for the involvement of applicant no. 6
in the offence, as alleged by the prosecution, for which, he has been
punished. Previously also, for more than one occasion, prayer for suspension
of sentence of applicant no. 6 has been rejected by this Court and there is no
change in the circumstances at all thereafter.
4. In view of these facts, we are not inclined to suspend the sentence
awarded by the trial court to applicant no. 6 namely Nand Bihari Giri.
5. There is no substance in this interlocutory application. Hence, the
same is, hereby, dismissed.
(D.N. Patel, J.)
(D.K. Sinha, J.)
VK/