Jharkhand High Court
Manoj Das vs The State Of Jharkhand on 1 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 277 of 2018
Manoj Das --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through Video Conferencing
---
For the Appellant : Mr. A.K. Kashyap, Sr. Advocate
For the State : Mr. Shekhar Sinha, P.P.
For the Informant : Mr. Rohit Agrawal, Advocate
---
04/01.12.2021 Heard Learned Senior Counsel for the appellant Mr. A.K.
Kashyap and learned P.P. Mr. Shekhar Sinha on the prayer for suspension of
sentence of the appellant made through I.A. No.3041 of 2021.
This appellant along with three others stands convicted for the
offence punishable under Section 302 of the I.P.C. vide impugned judgment
dated 23.01.2018 rendered in Sessions Trial No.175/2016 by the court of
learned Additional Sessions Judge-III, Deoghar and all of them have been
sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/-
each and a default sentence vide impugned order of sentence dated
29.01.2018.
Though the prayer for suspension of sentence has been made
through the instant interlocutory application by the appellant, but learned
senior counsel for the appellant submits that the appellant may be granted
provisional bail on account of death of his wife on 20 th November 2021.
Despite efforts made, the death certificate could not be procured immediately
and therefore the hapless appellant could not annex the death certificate to
substantiate his prayer for provisional bail. Today is one of the last rituals of
the Shradh ceremony. The appellant has two children: one daughter aged 10
years and a son aged 8 years and old parents who have been devastated on
account of the death of the mother of the tender age children and the daughter-
in-law. Learned counsel for the appellant submits that if the Court is inclined
to grant provisional bail for a suitable period, he would be able to take care of
the dependents and be with them in these critical times. The death certificate
would be brought on record within a period of one week by way of affidavit
also.
Learned P.P. Mr. Shekhar Sinha submits that inquiries would
also be made through the Investigating Officer about the fact of death of the
wife of the appellant. However, in case of such humanitarian grounds, this
Court may pass appropriate orders.
On consideration of the prayers of learned counsel for the
parties, we are inclined to grant provisional bail to the appellant for a period
of four weeks from the date of release on furnishing bail bonds of Rs.
10,000/- (rupees ten thousand) with two sureties of the like amount, each, to
the satisfaction of learned Additional Sessions Judge-III, Deoghar in
connection with Sessions Trial No. 175/2016 subject to the condition that one
of the bailors should be the close relative, with further conditions that the
appellant as well as his bailors shall not change their addresses and mobile
numbers, if any, without prior permission of the learned trial court and shall
submit Aadhar Cards at the time of his release. The death certificate should be
brought on record within a period of one week from today. A certificate of
surrender before the learned trial court on or before the completion of four
weeks' period of provisional bail should also be brought on record in this
appeal.
Learned P.P. would also inquire as to the factum of death of the
wife of the appellant and dependents. The Secretary, DLSA, Deoghar shall
make inquiries about the welfare of the minor children of the deceased and
this appellant and whether they are entitled to any benefits under the welfare
schemes of the Government. A report to that effect be also sent to this Court
after four weeks. Let the necessary details of the appellant, the deceased, the
minor children as indicated above along with their addresses, the S.T No. etc.,
be communicated to the learned Secretary, D.L.S.A, Deoghar by the office
through FAX within two days along with a copy of this order. Let this order
be communicated to the learned trial court today itself through FAX. I.A.No.
3041/2021 stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Shamim/
