Dinesh Manjhi vs The State Of Jharkhand
2021 Latest Caselaw 895 Jhar

              IN     THE      HIGH     COURT      OF     JHARKHAND              AT      RANCHI
                              Criminal Appeal (D.B.) No. 572 of 2020

              Dinesh Manjhi                                           ..... ...        Appellant
                                           Versus
              The State of Jharkhand                                  ..... ...          Respondent
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA : HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Dr. H. Waris, Advocate. For the State : Mrs. Priya Shrestha, A.P.P.

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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. 5543 of 2020.

05/ 23.02.2021 Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, for granting bail, during the pendency of appeal.

The appellant has been convicted and sentenced for the offences under Sections 341, 323, 498-A and 304-B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

There is allegation against the appellant to have subjected his wife to cruelty and torture for demand of dowry and to have committed her dowry death by burning.

The impugned Judgment shows that 90% burn injuries were found on the dead body of the deceased.

In the facts of the case, we are not inclined to release the appellant Dinesh Manjhi, on bail. Accordingly, the prayer for bail is rejected.

This interlocutory application stands dismissed. Cr. Appeal (DB) No. 572 of 2020.

The appellant has been convicted also for the offence under Section 304-B of the Indian Penal Code, and the cause of death of the deceased was 90% burn injuries. The appellant has been sentenced to R.I. for 10 years for the said offence, which, in the facts of this case, prima facie we find to be insufficient.

We find it a fit case, in which, the appellant be noticed for enhancement of the sentence. Accordingly, the appellant is, hereby, noticed through the Superintendent of the concerned Jail, as also through his advocate, for enhancement of sentence, which shall be considered at the time of final hearing of the appeal.

Let this notice be communicated to the appellant through the Superintendent of the concerned Jail.

( H. C. Mishra, J.)

(Rajesh Kumar, J.) Amitesh/-