Shiv Narayan Mandal vs The State Of Jharkhand
2021 Latest Caselaw 92 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI

           Cr. Appeal (S.J.) No. 342 of 2020

     1.Shiv Narayan Mandal
     2. Ganesh Mandal
     3. Bishundeo Mandal
     4. Lukhar Mandal
     5. Jagdhar Mandal
     6. Vijai Mandal                            ....  Appellants
                           Versus
     The State of Jharkhand                .....       Respondent
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellants :Mr. Aman Shekhar, Advocate For the State :Ms. Priya Shrestha, APP

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05/Dated: 07.01.2021

1. Admit

2. The lower court record has been received.

I.A. No.6084 of 2020 with I.A. No.3 of 2021

1. The interlocutory applications have been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail to the appellants Nos.1, 2 and 3, during the pendency of the appeal.

2. The appeal is directed against the judgment dated 12.03.2020 passed by the learned Additional Sessions Judge-III, Sahibganj, in S.T No.179 of 2013, whereby the appellants have been found guilty and convicted for the offence under Section 323, 504, 324 307 read of Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment (R.I.) of five years and with fine of Rs.2,000/- under Section 307 IPC two years of R.I under Section 324 IPC; six months under Section 323 IPC and Section 504 IPC each, in default in payment of fine to suffer R.I., of two months.

3. Heard the learned counsel for the appellant and the vehement objection raised by learned APP. On perusal of materials on record it appears that PW-4 the informant had sustained injury. He has stated that Lakhendra had assaulted him. Out of the three injured persons only PW-4 was examined and injured namely Arvind Kumar and Rudal have not been examined by the prosecution. PW-8 had examined the injured persons and he opined that all the injuries were simple in nature.

Considering the nature of the injuries, I am inclined to suspend the sentence and enlarge the appellant Nos. 1, 2 and 3

on bail, during the pendency of the appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-III, Sahibganj, in S.T No.179 of 2013, on the condition that appellants Nos. 1, 2 and 3 shall deposit the fine amount of Rs.2000/- each in the court below.

4. In the result I.A. Nos.6084 of 2020 & 3 of 2021 stand allowed.

Cr. Appeal (S.J.) No. 342 of 2020

1. Office to list the appeal under the appropriate heading in seriatim as per age. .

(AMITAV K. GUPTA, J.)

Tarun/