Jharkhand High Court
Somar Kumhar vs The State Of Jharkhand on 20 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 681 of 2013
Somar Kumhar, r/o village-Purhara Barisal, PS-Barhi, District-
Hazaribag ... Appellant
Versus
The State of Jharkhand ... Respondent
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(Through V.C )
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : None
For the State : None
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Order No. 12/Dated: 20th April, 2021
On 13.04.2021 following order was passed by this
Court:
"No one appears for the appellants in Criminal
Appeal (DB) No. 681 of 2013 and Criminal Appeal (DB)
No. 610 of 2012.
Mr. Sanjay Kumar Srivastava, the learned APP
states that in the custody report received by him it is
indicated that the appellant, namely, Somar Kumhar in
Criminal Appeal (DB) No. 681 of 2013 has passed away.
In Criminal Appeal (DB) No. 755 of 2012 Mr. Shree
Nivas Roy, the learned counsel appears for the appellants
and seeks adjournment.
The learned counsel states that all the appellants
are on bail.
The learned counsel for the appellants in Criminal
Appeal (DB) No. 755 of 2012 shall bring on record present
residential address of the appellants.
In Criminal Appeal (DB) No. 681 of 2013, the
learned APP shall file necessary affidavit.
In Criminal Appeal (DB) No. 610 of 2012, reserving
a right with the appellants to engage a counsel of their
choice, Mr. Ajit Kumar, the learned counsel is appointed
as Amicus to argue this criminal appeal on behalf of the
appellants.
The Registry shall provide Mr. Ajit Kumar, the
learned Amicus, necessary documents, as required by
him.
The Secretary, Jharkhand High Court Legal
Services Committee shall reimburse the learned Amicus
on submission of bill(s).
Post the Criminal Appeal (DB) No. 681 of 2013 on
20.04.2021 under the heading "Orders".
Criminal Appeal (DB) No. 610 of 2012 and Criminal
Appeal (DB) No. 755 of 2012 shall be listed under the
heading "Orders" on 05.05.2021.
In the meantime, Mr. Shree Nivas Roy, the learned
counsel and Mr. Ajit Kumar, the learned Amicus shall
-2- Criminal Appeal (DB) No. 681 of 2013
prepare and file short synopsis and list of dates.
Let a copy of the order be given to the learned APP,
the learned Amicus and the Secretary, Jharkhand High
Court Legal Services Committee, for compliance."
A counter-affidavit sworn on 17.04.2021 has been filed
by the State. This affidavit has been sworn by Suman Minz who is
posted as Sub-Inspector of Police at Barhi Police Station.
In the affidavit dated 17.04.2021, it is stated that in
course of verification about whereabouts of Somar Kumhar it was
found that in course of his treatment he had passed away on
24.09.2016 at Sadar Hospital, Sheikh Bhikari Medical College,
Hazaribag.
The State has produced a certificate dated 15.04.2021
issued by Mukhiya of Gram Panchayat at Bhandro vide Annexure-
A to the counter-affidavit.
The Jail Superintendent, Hazaribag has also certified in
his letter dated 05.04.2021 that Somar Kumhar died on
24.09.2016 in course of his treatment at Sadar Hospital. A copy of
the letter dated 05.04.2021 from the Jail Superintendent has been
produced vide Annexure-B.
There is no representation on behalf of the legal heirs
and successors of Somar Kumhar seeking their substitution in his
place in this criminal appeal to challenge the judgment of his
conviction.
On the last date of hearing the learned APP had
informed the Court about death of Somar Kumhar, the appellant.
In view of the aforesaid facts and circumstances in the
case, Criminal Appeal (DB) No. 681 of 2013 is dismissed as not
pressed.
Let a copy of the order be sent to the Court concerned
through FAX.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Amit/
