Sukul Kisan Vs. State of Jharkhand

Sukul Kisan vs State of Jharkhand

Type Court Judgment Court Jharkhand Decided Jun 20, 2013

~3 min read

https://sooperkanoon.com/case/972718

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/972718
Court: Jharkhand High Court
Decided On: Jun 20, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sukul Kisan

Respondent

State of Jharkhand

Excerpt

.....has examined the dead-body and carried out the postmortem.4. it is alleged by learned counsel for the applicant that the whole dead- body has not been recovered. so far p.w. 1, 2 and 3 are concerned, p.w. 3 is a hearsay witness and looking to the deposition of p.ws. 1 and 2, including their cross-examination, the highest case of the prosecution appears to be that this applicant has made extra judicial confession before the villagers when he was tied by the rope.5. looking to the evidences on record, there is a prima facie case in favour of the applicant. the applicant-sukul kisan is in jail custody since 15th of june, 2006.6. in view of these circumstances, we hereby suspend the sentence, awarded by the trial court to the present applicant-sukul kisan and enlarge him on bail, during pendency of this appeal, on furnishing bail bond of rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned additional sessions judge, f.t.c.-i, garhwa in s.t. no. 300 of 2006, on the condition that he shall be available to the trial court, as and when his presence is required and he shall not change his residential address, without prior permission of this court.7. i.a. no. 1275 of 2013 stands allowed and disposed of. (d.n. patel, j.) (r.r. prasad, j.) akt

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 1275 of 2013 IN Cr. Appeal (D.B.) No. 1000 of 2010 Sukul Kisan Appellant Versus The State of Jharkhand Respondent CORAM: HONBLE MR. JUSTICE D.N. PATEL HONBLE MR. JUSTICE R.R. PRASAD For the Appellant : Mr. J.S. Singh, Advocate For the State : A.P.P. 6/20th of June, 2013 Oral Order : Per D.N. Patel, J.

1. Present interlocutory application has been preferred under Section 389 (1) of the Code of Criminal Procedure for suspension of sentence, during pendency of this appeal, awarded by the Additional Sessions Judge, F.T.C.-I, Garhwa in S.T. No. 300 of 2006 to the present applicant-Sukul Kisan for the offence mainly punishable under Section 302 of the Indian Penal Code for life imprisonment.

2. This Court has received the records and proceedings of S.T. No. 300 of 2006 and we have perused the same and heard the both sides at length.

3. Looking to the evidences on record, it appears that the prosecution has examined total nine prosecution witnesses. Out of total nine prosecution witnesses, P.Ws. 4, 5, 6, 8 and 9 are the hostile witnesses. P.W. 7 is a doctor who has examined the dead-body and carried out the postmortem.

4. It is alleged by learned counsel for the applicant that the whole dead- body has not been recovered. So far P.W. 1, 2 and 3 are concerned, P.W. 3 is a hearsay witness and looking to the deposition of P.Ws. 1 and 2, including their cross-examination, the highest case of the prosecution appears to be that this applicant has made extra judicial confession before the villagers when he was tied by the rope.

5. Looking to the evidences on record, there is a prima facie case in favour of the applicant. The applicant-Sukul Kisan is in jail custody since 15th of June, 2006.

6. In view of these circumstances, we hereby suspend the sentence, awarded by the trial court to the present applicant-Sukul Kisan and enlarge him on bail, during pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C.-I, Garhwa in S.T. No. 300 of 2006, on the condition that he shall be available to the trial court, as and when his presence is required and he shall not change his residential address, without prior permission of this Court.

7. I.A. No. 1275 of 2013 stands allowed and disposed of. (D.N. Patel, J.) (R.R. Prasad, J.) AKT

Same Court & Year Jharkhand · 2013 Same Parties Sukul Kisan vs State of Jharkhand Same Subject Education