ARUN BARA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State on the prayer for suspension of sentence made through instant interlocutory application.

(2.) The sole appellant herein along with 8 others were convicted for the charge under Section 302 / 354 of the I.P.C read with Section 3 and 4 of Prevention of Witch Practices Act by the impugned judgment dated 02.08.2018 passed in Sessions Trial No.345 of 2016 by the learned Court of Additional Judicial Commissioner VII cum Special Judge, C.B.I.(AHD) cum Special Court (CAW), Ranchi and sentenced to undergo R.I for life with a fine of Rs.25,000/- each and a default clause for the offence punishable under Section 302 I.P.C; R.I for 5 years with a fine of Rs.10,000/- each and a default clause for the offence punishable under Section 354 I.P.C; R.I. for 3 months with a fine of Rs.1000/- each and a default clause for the offence punishable under Section 3 of the Prevention of Witch Practices Act and R.I. for 6 months with a fine of Rs.2000/- and a default clause for the offence punishable under Section 4 of the Prevention of Witch Practices Act by the impugned order of sentence of the same date.

(3.) Learned counsel for the sole appellant herein submits that there were omnibus allegations against total number of 40 persons out of whom 9 have been convicted. Out of those, 8 accused have preferred Criminal Appeal (DB) No. 1107 of 2018 wherein, co-convict Romit Khalko was granted bail on 30.01.2019; co-convict Rajesh Tigga was granted bail on 14.03.2019 and the rest 6 convicts were granted bail on 10.04.2019 after suspending their sentence by a co-ordinate Bench of this Court. Evidence as against all these accused persons were same and similar. The appellant in the present case is in custody since 08.08.2015. As such, he may be enlarged on bail on grant of privilege of suspension of sentence.