Mohan Yadav vs The State Of Jharkhand
2021 Latest Caselaw 667 Jhar

      IN THE       HIGH     COURT OF JHARKHAND AT                           RANCHI
                      Criminal Appeal (DB) No. 1244 of 2019

      1. Mohan Yadav
      2. Arun Yadav                                      .....   ...      Appellants
                                      Versus
      The State of Jharkhand.                            ....      ...      Respondent
                                       --------

      CORAM         :   HON'BLE MR. JUSTICE H. C. MISHRA
                        HON'BLE MR. JUSTICE RAJESH KUMAR
                                       -------
      For the Appellants       :       Mr. Jai Shankar Tripathi, Advocate
      For the State            :       Mr. Azeemuddin, A.P.P.
      For the Informant        :       Mr. S.S. Choudhary, Advocate
                                       --------

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.

--------

I.A. No. 11954 of 2019

7/ 11.02.2021 Heard learned counsel for the appellants and learned counsel for the State, as also learned counsel for the informant, 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 offences under Sections 302 / 34 of the Indian Penal Code.

From the impugned Judgment, it appears that there is no eyewitness to the occurrence of murder. There is allegation that the appellant Mohan Yadav had called the deceased from his house, and soon thereafter upon hearing the sound of firing, the family members reached the place of occurrence, and they saw the accused persons fleeing away. The impugned Judgment also shows that other co-accused persons have also been convicted for the offence under Section 27 of the Arms Act, but these appellants have not been convicted for the said offence. The appellants were on bail during trial.

In the facts of this case, we are inclined to release the appellants, Mohan Yadav and Arun Yadav, on bail. Accordingly, the appellants, named above, are directed to be released on bail, during the pendency of this 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 Addl. Sessions Judge-III, Sahibganj, in connection with S.T. No. 141 of 2015.

The aforesaid interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr