RAMASHRAY RAJWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT interlocutory application has been preferred by appellant No.3, namely, Rajendra Rajwar (original accused No.2 in the Sessions Trial) under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to him by the trial Court. This appellant has been sentenced for life imprisonment mainly for the offence punishable under Section 302 of the Indian Penal Code and he has also been punished under other Sections of the Indian Penal Code.

(2.) HAVING heard learned counsel for both the sides and looking to the evidences on record, there is prima facie case against appellant No.3. Previously also, I.A. No.776 of 2011 was preferred for suspension of sentence and the same was rejected vide order dated 1st July, 2011 by detailed speaking order. Paragraph 4 whereof reads as under :

(3.) NONETHELESS , looking to the period of custody as submitted by learned counsel for the appellants that appellant No.3 is in judicial custody from approximately 10 years, we hereby direct the Registry of this Court to get the paper books prepared with neatly typed copies of depositions of the prosecution witnesses and other documents as required under Rules 190 and 191 of the Jharkhand High Court Rules, 2001 and the matter shall be listed immediately on the board for final hearing in its seriatim number as per period of custody.