Patna Gope @ Birang Gope vs The State Of Jharkhand
2021 Latest Caselaw 459 Jhar

    IN THE       HIGH    COURT OF JHARKHAND                        AT     RANCHI
                   Criminal Appeal (DB) No. 53 of 2019

     1. Patna Gope @ Birang Gope.
     2. Ghasi Ram @ Ghanshyam Gope
     3. Sukurmuni Gope                                 ..... ... Appellants
                                   Versus
     The State of Jharkhand.                       .....       ...    Respondent
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     CORAM          :  HON'BLE MR. JUSTICE H. C. MISHRA
                        HON'BLE MR. JUSTICE RAJESH KUMAR
                                   -------
     For the Appellants      :     Mr. Abhijeet Kumar Singh, Advocate
     For the State           :     Ms. Priya Shrestha, A.P.P.
                                   --------

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 10050 of 2019

7/ 01.02.2021 Heard learned counsel for the appellants and learned counsel for

the State on the interlocutory application filed by the appellants for granting

bail during the pendency of this appeal.

The appellants have been convicted and sentenced for the offence

under Sections 302 / 34 of the Indian Penal Code.

There is allegation against appellant Ghasi Ram @

Ghanshyam Gope, his wife appellant Sukurmuni Gope and his daughter

Patna Gope @ Birang Gope to have assaulted the deceased causing his death.

From the impugned Judgment, it appears that there is no eyewitness to the

occurrence of murder, though the informant, who is the son of the deceased,

reached the place of occurrence soon after the occurrence and his father told

to him about the occurrence.

The impugned Judgment shows that there is difference in the

manner of occurrence as stated in the FIR, and in the evidence

of the informant. It also appears that though there is recovery of weapon

of offence on the basis of confessional statement of appellant Patna Gope @

Birang Gope, who is daughter of appellant Ghasi Ram @ Ghanshyam Gope,

but according to the confessional statements of all the accused persons, the

assaults were not made by her. The confessional statements of other

appellants had not led to any recovery.

In the facts of this case, we are inclined to release the appellants,

Patna Gope @ Birang Gope, Ghasi Ram @ Ghanshyam Gope and

Sukurmuni Gope, on bail. Accordingly, the appellants, named above, are

directed to be released on bail, during the pendency of the appeal, on

furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties

of the like amount each, to the satisfaction of learned Sessions Judge, West

Singhbhum at Chaibasa, in connection with S.T. No. 135 of 2015.

This interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.