RAM SINGH BANARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed on behalf of appellant no.2, namely, Mangu Banara under Sec. 430(1) of the B.N.S.S., 2023 for suspension of sentence dtd. 8/2/2019 passed by the learned Addl. Sessions Judge-I, Ghatsila, in connection with Jadugora P.S. Case No.49 of 2016 corresponding to G.R. Case No.475 of 2016, whereby and whereunder, the appellant has been convicted for the offence under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo R.I. for life along with fine of Rs.10,000.00. He has further been sentenced to undergo R.I. for two years for the offence under Sec. 324 read with Sec. 34 IPC and in default of payment of fine, he has further been directed to undergo S.I. for three months.

(2.) It has been contended on behalf of appellant no.2 that although, the prayer for suspension of sentence of the present appellant has been rejected, by this Court vide order dtd. 20/3/2024 passed in I.A. No.2679 of 2024 but the prayer has been renewed on the ground that the appellant no.2 has undergone the sentence of nine years against the maximum sentence of life and co- convict, namely, Ram Singh Banara has been directed to be released on bail after suspension of sentence by the Coordinate Bench of this Court, vide order dtd. 28/8/2024 passed in I.A. No.7439 of 2024.

(3.) Learned A.P.P. appearing for the respondent-State has vehemently opposed the prayer for suspension of sentence.