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2025 DIGILAW 681 (JHR)

Phool Kumar Paswan v. State of Jharkhand

2025-02-28

PRADEEP KUMAR SRIVASTAVA, SUJIT NARAYAN PRASAD

body2025
JUDGMENT : 1. The instant interlocutory application has been filed on behalf of appellant no.1, namely, Phool Kumar Paswan for suspension of sentence, provisionally, in order to participate in the last rites/rituals of his father-in-law. 2. Learned senior counsel appearing for the appellant has submitted that the present application has been filed on behalf of appellant no.1 for suspension of sentence, provisionally, so that, the appellant be allowed to release from the custody to participate in the last rites/rituals of his father-in-law. 3. It has been submitted that the wife of the present appellant is the only married daughter who has performed rituals at the cremation ghat. It has also been submitted that copy of card and the certificate issued by the Mukhiya have also been appended. 4. Learned Senior Counsel, based upon the aforesaid grounds, has submitted that only in order to have participation of the present appellant in the last rites/rituals which are to be performed from 04.03.2025 to 06.03.2025, the instant interlocutory application has been filed. 5. Learned Spl. P.P. appearing for the respondent-State as also the Informant on the ground of reason for seeking suspension of sentence, provisionally, are fair enough to submit that they are having no objection. 6. This Court has heard the learned counsel for the parties and gone through the prayer made in the instant interlocutory application as also the copy of card and the certificate issued by the Mukhiya, appended as Annexure-2 series to the instant application. 7. We, after going the instant application, have found that the wife of the present appellant has been shown to be sole married daughter who has performed the last rites/rituals in the cremation ghat. 8. Learned Spl. P.P. appearing for the respondent-State as also the Informant, on the aforesaid pretext, are fair enough to submit taking into consideration the reason for suspension of sentence, provisionally, that they are having no objection. However, they have submitted that the present appellant may be directed to surrender forthwith after conclusion of the last rites/rituals of his father-in-law, which are to be performed from 04.03.2025 to 06.03.2025. 9. This Court, considering the aforesaid fact as also the reason assigned in the instant interlocutory application, is of the view that the instant interlocutory application needs to be allowed. 10. Accordingly, interlocutory application being I.A. No.2495 of 2025 stands allowed. 11. 9. This Court, considering the aforesaid fact as also the reason assigned in the instant interlocutory application, is of the view that the instant interlocutory application needs to be allowed. 10. Accordingly, interlocutory application being I.A. No.2495 of 2025 stands allowed. 11. In consequence thereof, the appellant no.1, namely, Phool Kumar Paswan, is directed to be released on provisional bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I, Sahebganj, in connection with Sessions Trial No.243 of 2015, arising out of Borio (Jirwabari) P.S. Case No.146 of 2015. 12. The appellant no.1 is directed to surrender before the learned trial Court on or before 10 th March, 2025. 13. Let supplementary affidavit be filed by the appellant no.1 along with the surrender certificate on or before the next date of hearing. 14. Let this matter be listed on 17.03.2025. 15. Let a copy of this order be sent through fax to the concerned court immediately.