Supreme CourtDivision Bench

Mithu Pasi vs State of Jharkhand

Supreme Court Of India · Decided on 2 September 2016 · Citation: (2016) 8 Scale 654

HON’BLE JUDGES
T.S. Thakur, CJI. and A.M. Khanwilkar, J.
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Penal Code, 1860 (IPC) — Section 326
RESULT
Disposed Of
CASE NUMBER
Crl. M.P. 5881 of 2016 in Criminal Appeal No (s) . 1099 of 2011
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Judgment

1 paragraphs · 176 words
1.

We have heard learned counsel for the parties at some length on the question of suspension of remainder of the sentence awarded to the appellants. It is common ground that the appellants were about 20 years of age on the date of the incident which occurred some 19 years ago. Appellant No.2-Bhithan Pasi is alleged to have inflicted a knife injury measuring 1.5" x 3.4" inches on the victim. The appellants have already undergone nearly 6 years of imprisonment without remission out of the 10 years awarded to them by the trial court under Section 326 of the I.P.C. The hearing of the appeal is likely to take some time. In the circumstances we deem it just and proper to direct suspension of the remainder of the sentence awarded to the appellants. We accordingly direct that in case the appellants furnish bail bonds in a sum of Rs.20,000/- each with two sureties of the like amount to the satisfaction of the trial court, they shall be enlarged from custody pending the disposal of this case.