BICKEY LOHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 117 of 2016 Applicant -appellant is praying for suspension of substantive sentence and bail during the pendency of the main appeal.

(2.) Heard Mr. Tripathy, learned Senior Counsel, assisted by Mr. Naveen Kumar Jaiswal and Mr. Pandey, the learned State counsel. Records also perused.

(3.) In all 6 accused stand convicted for the charge of Section 364 -A/34 I.P.C and sentenced to imprisonment for life for allegedly kidnapping a young boy of 17 years namely, Alok Kumar (victim) who was temporarily handicapped on the date of occurrence after having met with an accident and got his hand fractured for which reason, the applicant -appellant who originally hails from another State (Odisha) was employed temporarily to drop the victim to the school and to bring him back home. As per the prosecution case, applicant -appellant along with one Mintu Kumar Singh hatched the conspiracy of kidnapping the victim in which regard mock trial was also carried out in the morning. On the fateful day when he was taking the victim back to home, he stopped at one place, went aside under the pretext of passing urine and then gave a signal by waving his hand to his co -accused, Mintu Kumar Singh and thereafter the kidnapping took place in which others were also involved and ultimately the victim was recovered from the house of Rakesh Kumar Verma @ Chandrabansi @ Rakesh Chandrabanshi @ Sunny (accused in this case).