MAHESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Somitra Baroi, learned counsel for the appellants and learned A.P.P. Mr. Anup Pawan Topno on the renewed prayer for suspension of sentence of appellant No. 2 made through I.A. No. 3879 of 2022. Earlier the prayer for suspension of sentence of the appellant No. 2 was rejected vide order dtd. 23/6/2021 while granting bail to the appellant No. 1 namely Mahesh Prasad.

(2.) Learned counsel for the appellant has submitted that the statement of the informant P.W. 9 based upon the statement of father of the appellant No. 1 Lalji Sao has been made the basis for rejection of the prayer for suspension of sentence of the appellant No. 2 on the previous occasion. The father of the appellant No. 1 did not have any occasion to suggest that his son and husband of the deceased and this appellant No. 2 were in illicit relationship and that is why they killed the victim as Lalji Sao was residing about 4 Km. away from the place of occurrence. The appellant No. 2 being a lady has remained in custody since 27/1/2020 i.e. date of conviction and prior to that about 5 months during trial i.e. about three years by now. Therefore, she may be allowed to be privilege of suspension of sentence.

(3.) Learned counsel for the state has opposed the prayer. He submits that the prayer of the appellant No. 2 was rejected on merits after due consideration of the materials available on record. She has not undergone sufficient sentence therefore no fresh grounds have been made out for grant of bail.