Jharkhand High Court
Puran Mandal vs Vrs on 9 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 336 of 2019
1.Puran Mandal
2.Prakash Mandal ............Appellants
Vrs.
The State of Jharkhand ......... Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Appellants : M/s R.S. Mazumdar, Sr. Advocate, K.K. Mishra, Advocate
For the Respondent : Mr. Tarun Kumar, A.P.P.
04/09.04.2021 Heard learned Senior counsel for the appellant Mr. R.S. Mazumdar
assisted by Mr. Kaushal Kishore Mishra and learned A.P.P. Mr. Tarun
Kumar on the prayer for suspension of sentence of appellant no.1 Puran
Mandal made through I.A. No. 510 of 2021.
Appellant no.1 Puran Mandal along with other appellant stood
convicted for the charge under Section 304B/34 I.P.C by the impugned
judgment dated 19.02.2019 passed in Sessions Trial No. 04/2018 by the
learned Additional Sessions II, Deoghar and sentenced to undergo R.I. for
life with a fine of Rs. 25,000/- each with a default clause by the order of
sentence dated 25.02.2019.
Learned Senior Counsel for the appellant submits that earlier the
prayer for bail of the appellant no.1 was rejected vide order dated
12.06.2019. However, the father-in-law of the deceased has remained in
custody since September 2019. As such, prayer for bail of appellant no.1
may be considered after suspending the sentence.
Learned A.P.P. Mr. Tarun Kumar has opposed the prayer and
submitted that this Court has discussed the entire evidence adduced by the
prosecution cited in earlier order dated 12.06.2019 and nothing more has
been brought on record to support the prayer of suspension of sentence for
granting bail. However learned State counsel submits that from the said
wedlock two children were born. As such, this Court may consider
whether they are entitled to the benefits under the Sponsorship & Foster
Care Guidelines of the Department of Women, Child Welfare and Social
Security, Government of Jharkhand.
Considering the earlier order dated 12.06.2019 and also the fact that
evidences of P.W.7, mother of the victim; P.W.8 brother of the victim
together with evidence of the Doctor (P.W.9), all substantiate that the
deceased was killed by burning after sprinkling kerosene oil on her and
the accused persons were absconding thereafter and also the fact that
appellant no.1 is in custody only since September 2017, we are not
inclined to enlarge the appellant no.1 Puran Mandal on bail at this stage.
Accordingly, his prayer for bail is rejected. I.A. no. 510 of 2021 also
stands rejected.
The Secretary, D.L.S.A. Deoghar shall make necessary inquiry as to
whether the two minor children born out of the deceased Asha Devi and
the appellant no.2 are in need of support under the Sponsorship & Foster
Care Guidelines of the Department of Women, Child Welfare and Social
Security, Government of Jharkhand. If so, their claim may be processed
by the District level authorities. A report to that effect be submitted by the
Secretary, D.L.S.A, Deoghar after 4 weeks. Office to intimate the
necessary details of the case no, sessions trial no, date of judgment, name
of the victim and name of two minor children ( Kundan and Adib) as
stated by learned Senior Counsel for the appellant along with address to
the Secretary, D.L.S.A. Deoghar.
Let the name of learned A.P.P. Mr. Tarun Kumar be reflected in the
cause list in place of erstwhile counsel, henceforth.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
