Bablu Ram vs The State Of Jharkhand
2021 Latest Caselaw 4896 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (DB) No. 1103 of 2018

              Bablu Ram                                        ---    ---      Appellant
                                                Versus
               The State of Jharkhand                  ---          ---  Respondent
                                                  ---

               CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                           Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                                  ---
               For the Appellant: Md. Zaid Ahmed, Advocate
              For the Respondent: Mrs. Vandana Bharti, A.P.P
                                           ---
09 / 16.12.2021       A counter affidavit has been filed by the learned A.P.P pursuant to the

order dated 02.11.2021 which says that the appellant has been in custody for 06 years 02 months and 14 days and with remission 07 years and 06 days, as per the report of the Superintendent, Central Jail, Medninagar, Palamau. However, it is also stated that the appellant has criminal antecedent and there are five cases of grievous nature pending against him including the present one.

2. It appears from the enclosed letter of the Incharge, Court Cell, Sadar Court, Garhwa dated 04.12.2021 that he has been convicted and sentenced in connection with S.T. No. 18(A)/2002 under sections 395 and 364 of the Indian Penal Code, impugned herein. He has been acquitted in S.T. Case No. 18/2002 and G.R. No. 354/2001 vide judgment dated 28.07.2017 and 04.06.2019 respectively while he is facing trial in S.T. No. 66(A)/2002 under sections 147, 149, 341, 323 and 307 of the Indian Penal Code and S.T. No. 195(A)/2004 under section 399 and 402 of the Indian Penal Code. Both the trials are pending before the Court of learned Additional District Judge-1, Garhwa. Appellant is shown to be absconder in S.T No. 66(A)/2002 while in S.T. No. 195(A)/2004, on his appearance. It is surprising that though, the appellant is serving sentence in connection with the impugned judgment passed in S.T. No. 18(A)/2002 by the court of learned Additional Sessions Judge-III, Garhwa in Central Jail, Medninagar, Palamau, but the Investigating Agency has not remanded or ensured his appearance in these two pending trials.

3. Learned Additional District Judge-1, Garhwa is required to submit a report about the status of both the trial, and whether appellant has been remanded or is on appearance in both the trials. Learned A.P.P Mrs. Vandana Bharti would seek instruction to that effect. Let a report be submitted by the learned Additional District Judge-1, Garhwa to this Court before the next date.

4. Let the matter appear on 13.01.2022.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/