ARJUN MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Kripa Shankar Nanda and learned A.P.P. Mr. Bhola Nath Ojha on the prayer for suspension of sentence made through I.A. No. 4137 of 2022.

(2.) Appellant along with Bachhan Mahli stands convicted for the offence punishable under Ss. 307/34, 326/34, 341/34 of the IPC Sec. - of the Prevention of Witch (Daain) Practices Act, 1999 by the impugned judgment dtd. 22/2/2021, passed by learned Additional Sessions Judge, Simdega, in Sessions Trial No. 125 of 2017 arising out of Simdega P.S. Case No. 61/2017 (G.R. No. 261/2017). Both the convicts have been sentenced vide order dtd. 27/2/2021 in the following manner. <FRM>JUDGEMENT_22_LAWS(JHAR)6_2022_1.htm</FRM>

(3.) Learned counsel for the appellant submits that the co-convict Bachan Mahli has been enlarged on bail by this court vide order dtd. 5/10/2021. The present appellant has undergone custody since 13/6/2017 i.e. more than half of the sentence of 10 years imposed under Sec. 307/34 of the Indian Penal Code. Therefore the appellant also be enlarged on bail by suspending his sentence.