Pandey @ Nathu Prajapati vs The State Of Jharkhand
2021 Latest Caselaw 695 Jhar

                                     -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.5698 of 2020
                          In
            Cr. Appeal (S.J.) No.578 of 2020

    1.      Pandey @ Nathu Prajapati
    2.      Nakul Prajapati
    3.      Tukan Prajapati                           ......      Appellant

                               Versus
    The State of Jharkhand                            .....     Respondent
                               ---------

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

---------

For the Appellant s : Mr. P. K. Prasad, Advocate For the State : Mr. Azeemuddin, A.P.P.

---------

               th
04/Dated: 12        February, 2021
I.A. No.5698 of 2020

1. This interlocutory application has been filed under Section 389(2) of the Code of Criminal Procedure for confirmation of the provisional bail, as granted to the petitioners/ appellants, by the court below.

2. This appeal is directed against the judgment dated 16.09.2020, passed by the court of learned Sessions Judge, Hazaribagh, in S.T. No.310 of 2016, whereby the appellants were found guilty and convicted for the offences under Sections 325, 447, 507 read with Section 34 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of three years, three months and one month respectively, and fine of Rs.5,000/-, Rs.1,000/- and Rs.1,000/- on each count, in default thereof, to suffer imprisonment of three months.

3. Heard learned counsel for the petitioners/ appellants and the vehement objection raised by the learned AP.P. On perusal of materials on record, it appears that the Doctor had examined the injured P.Ws. - 2 & 3 and found injury No.1 grievous and other injuries were found to be simple in nature.

It also appears that free fight took place between the parties on account of errection of a 'machan' by the appellants which was objected to by the informant. There was exchange of hot words which culminated in scuffle and 'marpit'. Resultantly case and counter-case was lodged by both the parties.

Considering the materials on record and the nature of injury, the provisional bail granted to the appellants by the trial court is, hereby confirmed on the condition that the appellants shall deposit the fine amount of Rs.7,000/- (Rupees seven thousand) each, in the court below.

4. I.A. No.5698 of 2020 stands allowed.

Cr. Appeal (S.J.) No.578 of 2020

1. Office to list the appeal under the heading 'For Hearing', in seriatim, as per age.

(AMITAV K. GUPTA, J.) Chandan/-