Rajendra Yadav vs The State Of Jharkhand on 13 April, 2026

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    Rajendra Yadav vs The State Of Jharkhand on 13 April, 2026

                                            IN THE SUPREME COURT OF INDIA
                                           CRIMINAL APPELLATE JURISDICTION
    
                                         CRIMINAL APPEAL NO.           /2026
                                             (@SLP(CRL.) No. 1266/2026)
    
                          RAJENDRA YADAV & ANOTHER                                      APPELLANT(S)
    
                                                           VERSUS
    
                          THE STATE OF JHARKHAND                                       RESPONDENT(S)
    
                                                           O R D E R
    

    Leave granted.

    This Criminal Appeal challenges the order dated

    SPONSORED

    22.07.2025 passed by the High Court of Jharkhand at Ranchi

    in Criminal Appeal (DB) No.695/2023, whereby the

    appellants’ application for suspension of sentence bearing

    I.A. No. 8275/2025, was dismissed.

    The appellants, namely, Rajendra Yadav and Sakindar

    Yadav faced trial in S.T. No.217/2014 in connection with a

    crime registered pursuant to P.S. Case No. 12/1997 dated

    17.02.1997 lodged with Police Station-Nagar Untari in

    respect of the offences punishable under Sections 147,

    148, 149, 302, 120B of the Indian Penal Code, 1860 [in

    short “IPC”] and under Section 27(3) of the Arms Act,

    1959.

    Signature Not Verified

    Digitally signed by
    RADHA SHARMA
    Date: 2026.04.13
    17:31:36 IST

    The Trial Court in Sessions Trial No. 217/2014,
    Reason:

    convicted the appellants herein for the offences under

    1
    Section 302 read with Section 149 of the IPC and under

    Section 27 of the Arms Act vide judgment dated 03.04.2023

    and awarded a sentence of rigorous imprisonment for life,

    along with a fine of Rs. 20,000/- for the offence under

    Section 302 read with Section 149 of IPC, and a sentence

    of rigorous imprisonment for a period of three years,

    along with fine of Rs.1000/-, for the offence under

    Section 27 of the Arms Act.

    The appellants, being aggrieved by the order of

    conviction passed by the Trial Court filed Criminal Appeal

    (DB) No. 695/2023 before the High Court and the same is

    pending before the High Court. During the pendency of the

    said Criminal Appeal, the appellants and other co-accused

    filed an application before the High Court seeking

    suspension of sentence. The High Court, by the impugned

    order dated 22.07.2025, dismissed the application filed by

    the appellants for suspension of sentence. Hence, the

    present Criminal Appeal.

    This Court vide its order dated 13.01.2026, issued

    notice in the instant matter.

    Heard learned counsel for the appellants and learned

    counsel for the respondent-State and perused the material

    on record.

    2
    Learned counsel for the appellants submitted that out

    of seven convicts, four have been granted bail and one of

    whom was about 90 years of age. The appellants herein are

    also aged 74 years and 50 years respectively. These

    appellants could be considered at par with at least three

    others convicts who have been granted bail; in fact, other

    convict Harihar Koiri, was also granted bail having regard

    to the fact that there was no specific role attributed to

    him and he was aged 90 years. Therefore, on the principle

    of parity, these appellants also may be granted the relief

    of bail.

    Learned counsel also submitted that the incident is

    of the year 16.02.1997, the appellants had the benefit of

    the bail during the trial, the judgment of conviction and

    sentence of the Sessions Court is dated

    03.04.2023/10.04.2023, the appeal before the High Court is

    also of the year 2023; that the said appeal would

    inevitably take time for being heard and disposed of; the

    appellants have a good case on merits. In the

    circumstances, the impugned order may be set aside and the

    relief of bail may be granted to the appellants herein

    subject to the terms and conditions that may be imposed

    particularly on the principle of parity.

    3
    Per contra, learned counsel for the respondent-State

    with reference to her counter affidavit contended that the

    case of these appellants cannot be considered at par with

    the other appellants who have been granted bail; that

    these appellants have been in jail for about three years

    and in the circumstances and having regard to the fact

    that the appellants have been convicted under Sections

    302/149 of the IPC and Section 27(3) of the Arms Act, no

    relief could be granted to the appellants herein at this

    stage. She, therefore, submitted that there is no merit in

    this appeal and hence, the appeal may be dismissed.

    Considering the facts on record, in our view, the case

    for suspension of sentence is made out.

    We, therefore, allow this appeal and direct as under:

    “The appellants shall be produced before the

    concerned Trial Court as early as possible, and the

    Trial Court shall release them on bail, subject to

    such conditions as it may deem appropriate to impose

    to ensure their presence in the proceedings.”

    The appellants shall appear before the High Court as

    and when directed to do so.

    4
    It is directed that the appellants shall extend

    complete cooperation in the hearing of the appeal before

    the High Court. The appellants shall not misuse their

    liberty in any manner.

    Any infraction of the conditions may entail in

    cancellation of the suspension of sentence and grant of

    bail to the appellants herein.

    With these observations, the Criminal Appeal is

    allowed.

    ………………………………………………J.
    (B.V. NAGARATHNA)

    ………………………………………………J.
    (UJJAL BHUYAN)

    NEW DELHI;

    APRIL 13, 2026
    
    
    
    
                                          5
    ITEM NO.1                      COURT NO.4                   SECTION II-A
    
                       S U P R E M E C O U R T O F     I N D I A
                               RECORD OF PROCEEDINGS
    
    

    Petition(s) for Special Leave to Appeal (Crl.) No(s). 1266/2026
    [Arising out of impugned final judgment and order dated 22-07-2025
    in IA No. 8275/2025 passed by the High Court of Jharkhand at
    Ranchi]

    RAJENDRA YADAV & ANOTHER Petitioner(s)

    VERSUS

    THE STATE OF JHARKHAND Respondent(s)

    (IA No. 7384/2026 – EXEMPTION FROM FILING O.T.)

    Date : 13-04-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MRS. JUSTICE B.V. NAGARATHNA
    HON’BLE MR. JUSTICE UJJAL BHUYAN

    For Petitioner(s) Mr. Rajan Raj, Adv.

    Sayesha Gambhir, Adv.

    Ms. Mohini Priya, AOR

    For Respondent(s) Ms. Tulika Mukherjee, AOR
    Mr. Beenu Sharma, Adv.

    Mr. Venkat Narayan, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The Criminal Appeal is allowed in terms of the signed

    order.

    3. Pending application(s), if any, shall stand disposed

    of.

    (RADHA SHARMA)                                  (DIVYA BABBAR)
    ASTT. REGISTRAR-cum-PS                        COURT MASTER (NSH)
    

    (SIGNED ORDER IS PLACED ON THE FILE)

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