IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1650 of 2004
Vijay Kumar Adhikari @ Vijay Adhikari @ Tinku ... Appellant
Versus
The 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: Mr. B.M. Tripathi
For the Respondent: Mr. A.P.P.
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nd
08/Dated: 2 September, 2011
I.A. No.1527 of 2011
1. Present application has been preferred by the applicant (sole appellant in this
appeal) under Section 389 Cr.P.C. for suspension of sentence awarded by the 1 st Addl.
Sessions Judge, Saraikela vide judgment of conviction and order of sentence dated
23.8.2004
in Sessions Trial No.01/2003 whereby the present applicant (who is original
accused No.2) has been punished for an offence mainly under Section 302 read with 34
of the I.P.C. for life imprisonment.
2. Having heard the learned counsel of both sides and looking to the facts that :-
i) The present applicant is in jail custody for about more than
nine years.
ii) Co-accused namely Mintu Kumar Singh, who is original
accused No.1, has been enlarged on bail and his sentence has been
suspended vide order dated 14.6.2011 in Cr. Appeal No.1745 of
2004.
3. Looking to the nature of allegations against the present applicant-appellant and
looking to the evidence on record and considering the aforesaid factors, we hereby
suspend the sentence awarded by the 1st Addl. Sessions Judge, Saraikela in Sessions
Trial No.01 of 2003 against the applicant-appellant on a condition that he shall furnish
a bail bond of a sum of Rs.10000/- with two sureties of the like amount to the
satisfaction of the trial Court and he shall be available as and when required by the
Court and shall not change his residential address without prior permission of the
Court.
4. I.A. No.1527 of 2011 stands disposed of.
(D. N. Patel, J)
(R. R. Prasad, J)
Manoj/cp.2