Gopal Munda vs The State Of Jharkhand
2021 Latest Caselaw 1240 Jhar

         IN THE      HIGH    COURT OF JHARKHAND AT RANCHI
                      Criminal Appeal (DB) No. 1273 of 2007

         1. Gopal Munda
         2. Dukhi Patar                                      .....   ...   Appellants
                                       Versus
         The State of Jharkhand.                       .....           ...   Respondent
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         CORAM          :  HON'BLE MR. JUSTICE H. C. MISHRA
                            HON'BLE MR. JUSTICE RATNAKER BHENGRA
                                       -------
         For the Appellants       :    Mr. Sunil Kumar, Advocate
         For the State            :    Ms. 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. 12 of 2018

13/ 12.03.2021 Heard learned counsel for the appellants and learned counsel for the State on the interlocutory application filed by appellant No.1 Gopal Munda, renewing the prayer for bail during the pendency of this appeal.

This appellant has been convicted and sentenced for the offences under Sections 148 and 302 / 149 of the Indian Penal Code.

Prayers for bail of this appellant were earlier rejected on merits by a coordinate Bench of this Court.

Learned counsel for the appellant Gopal Munda has submitted that at the time of Judgment, which was pronounced on 19th September, 2007, the appellant was aged about 70 years. As such, this appellant is more than 83 years of age by now and he has also remained in custody for more than 13 years. Learned counsel has accordingly, prayed for bail.

It also appears from the impugned Judgment that the appellant was on bail during the trial.

In the facts of this case and taking into consideration the age and period of custody of the appellant No.1 Gopal Munda, we are inclined to release him on bail. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Judicial Commissioner-XVII, Ranchi, in connection with S.T. No. 435 of 1996.

This interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Ratnaker Bhengra, J.) R.Kr.