Jharkhand High Court
Nemani Mandal @ Newani Kumar ... vs The State Of Jharkhand on 20 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 211 of 2019
Nemani Mandal @ Newani Kumar Mandal--- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant: M/s K.S. Nanda, Niranjan Kumar, Advocates
For the Respondent: Mr. Manoj Kr. Mishra, A. P.P
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09 / 20.10.2021 Heard learned counsel for the appellant Mr. Kripa Shankar Nanda and
learned A.P.P Mr. Manoj Kumar Mishra on the prayer for suspension of
sentence of this appellant made through I.A. No. 4629/2021.
2. This appellant stands convicted for the offence punishable under section
304B/34 of the Indian Penal Code while co-accused Aarti Devi has been
acquitted of the charges by the impugned judgment dated 04.02.2019 passed in
Sessions Trial No. 94/2016 by the Court of learned Additional Sessions Judge-
II, Deoghar and has been sentenced to undergo R.I for ten years with a fine of
Rs. 25,000/- and default sentence, by the impugned order of sentence dated
14.02.2019.
3. Learned counsel for the appellant submits that as per the case of the
prosecution put in motion by the fardbeyan of the Informant father (PW-1), the
deceased was killed by the accused persons on 26.10.2015 within one year of
her marriage on non-fulfilment of demand of dowry and consequent torture
also. It is submitted that the demand of dowry soon before her death has not
been substantiated by any documentary evidence despite seven prosecution
witnesses having been examined on behalf of the prosecution. It is submitted
that the appellant has remained in custody for more than half of the sentence i.e.
since his arrest on 25.01.2016. Therefore, he may be enlarged on bail by
suspending his sentence.
4. Learned A.P.P has opposed the prayer. He submits that the appellant is
the husband and the post-mortem report (Ext.3) adduced by the doctor (PW-5)
shows that death was caused by asphyxia due to strangulation. The deceased
died in the matrimonial home within seven years of marriage in unnatural
circumstances which the appellant has not been able to explain and discharge
his burden.
5. We have considered the submissions of learned counsel for the parties
and taken note of the materials relied upon by them from the lower court
records including the period of custody undergone by the appellant. Having
regard to the facts and circumstances noted above and that the appellant has
remained in custody for about five years and ten months against the sentence of
ten years awarded against him, we are inclined to enlarge the appellant on bail
by suspending his sentence during pendency of this appeal. Accordingly,
Appellant Nemani Mandal @ Newani Kumar Mandal shall be released on bail,
during pendency of this appeal, on furnishing bail bonds of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each, to the
satisfaction of learned Additional Sessions Judge-II, Deoghar in Sessions Trial
No. 94/2016 with the condition that the appellant and his bailors shall not
change their address or mobile nos. without permission of the learned Trial
Court. Appellant and his bailors shall also furnish their Aadhar Card before the
learned Trial Court at the time of his release. I.A. No. 4629/2021 stands
disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
