Bijay Manjhi vs The State Of Jharkhand
2021 Latest Caselaw 4723 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   I.A. No. 3438 of 2021
                                             IN
                         Criminal Appeal (D.B.) No.233 of 2019
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            Bijay Manjhi                                     .......         Appellant(s).
                                     Versus
         The State of Jharkhand.                        .......       Respondent.
                                 ------
     CORAM     : HON'BLE MR. JUSTICE ANANDA SEN
               : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                           ----
         For the Appellant(s)              : M/s Rajesh Kumar, Apurwa Pathak and
                                             Karamdeo, Advocates.
         For the State                     : Ms. Nehala Sarmin, A.P.P.
                                           ------
                             I.A. No. 3438 of 2021

04/09.12.2021      Heard learned counsel for appellant and learned counsel for the State.

By way of filing this Interlocutory application, appellant has renewed his prayer to suspend the sentence and release him on bail, during pendency of this appeal.

Learned counsel for the appellant submits that admittedly there is no eye witness to the occurrence. He further submits that recovery of purse of the deceased on confessional statements of this appellant and report of the Call Details Report (CDR), which suggest that the appellant was talking with the wife of the deceased is the only ground to convict the appellant. He also submits that the appellant was on bail during the trial.

Learned A.P.P opposes the prayer for bail of the appellant. We have gone through the impugned judgment as well as record of this case. We find that there is no eye witness to the said occurrence and only on the circumstantial evidence, the appellant has been convicted in this case.

In view of the aforesaid facts, we are inclined to allow this interlocutory application. The Sentence against the appellant, above named, is suspended and he is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge-1st-cum- Special Judge-cum-FTC, Bokaro, in connection with Sessions Trial No.70/2012, subject to condition that he will mark his attendance once in every six months before the Registrar, Civil Court, Bokaro, till disposal of this appeal.

Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

Anu-CP3. (SANJAY KUMAR DWIVEDI, J.)