Joseph Hembram and Others vs State of Jharkhand

Dhirubhai Naranbhai Patel, J.—The present criminal appeal has already been admitted by this Court vide order dated 8th November, 2012. Record and proceedings of Sessions Trial No. 175 of 2007 was called from the concerned trial Court so as to appreciate the arguments for suspension of sentence, awarded by the trial Court to the appellants. Record and proceedings of Sessions Trial No. 175 of 2007 have been received and we have perused the same.

Having heard counsel for both the sides and perusing the records and proceedings of the sessions trial and also looking to the evidences on record, it appears that there is a prima facie case against appellant Nos. 2, 3 and 4. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that the case of the prosecution is based upon eye- witness, who is P.W.3. The deposition of P.W.3 has enough corroboration by the depositions of other prosecution witnesses especially deposition of P.W. 1, who is Dr. Singroy Soren. Looking to deposition of P.W.3, it appears that he has given the names of appellant Nos. 2, 3 and 4, who are original accused Nos. 2, 3 and 4, but, P.W.3 in his deposition has not given name of appellant No. 1, who is original accused No. 1.

In view of these facts, we are not inclined to suspend the sentence awarded by the Additional Sessions Judge-I, Pakur in Sessions Trial No. 175 of 2007 to appellant Nos. 2, 3 and 4, who are original accused Nos. 2, 3 and 4. Hence, prayer for suspension of sentence of appellant Nos. 2, 3 and 4 is hereby, dismissed.

So far as appellant No. 1, who is original accused No. 1, namely Joseph Hembram is concerned, it appears that there is a prima facie case in favour of appellant No. 1.

In view of these facts and looking to the role played by appellant No. 1, we hereby, suspend the sentence awarded to appellant No. 1 namely Joseph Hembram, by the Additional Sessions Judge-I, Pakur in Sessions Trial No. 175 of 2007, during the pendency of this criminal appeal, who is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I Pakur in connection with Sessions Trial No. 175 of 2007, subject to the condition that appellant No. 1 shall not change his address, without prior permission of the Court and shall be available as and when his presence is required. Thus, the prayer for suspension of sentence, awarded by the trial Court is allowed, so far as appellant No. 1 is concerned, whereas it is rejected so far as appellant Nos. 2, 3 and 4 are concerned.