Jharkhand High Court
Subedar Mundaiya @ Rekonda ... vs The State Of Jharkhand on 14 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 435 of 2020
Subedar Mundaiya @ Rekonda Mundaiya
@ Subedar Munduiya @ Rekonda Munduiya --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through: Video Conferencing
---
For the Appellant : Mr. Anjani Kumar, Advocate
For the State : Mr. Shekhar Sinha, P.P
---
05/14.09.2021 Heard learned counsel for the appellant and learned P.P. on the
prayer for suspension of sentence made by this appellant through I.A.
No.3444 of 2021.
2. The sole appellant stands convicted for the offences punishable
under Sections 364/34, 302/34 and 307/34 of the I.P.C. by the impugned
judgment of conviction dated 23.01.2020 passed in S.T. No. 34/2013 (S-2) by
the court of learned Additional Sessions Judge-III, West Singhbhum at
Chaibasa and has been sentenced vide the impugned order of sentence dated
27.01.2020 in the following manner :
(i) U/S 364/34 of IPC: Undergo R.I. for 10 years with a fine of
Rs.10,000/- and a default sentence;
(ii) U/S 302/34 of IPC: Undergo R.I. for life imprisonment with a
fine of Rs.10,000/- and a default sentence;
(iii) U/S 307/34 of IPC: Undergo R.I. for 10 years with a fine of
Rs.10,000/- and a default sentence.
3. Learned counsel for the appellant submits that 7 prosecution
witnesses have been adduced in the instant case and as per the case of the
informant, injured brother of the deceased P.W.2 Bakra Munduiya fired on his
brother Birendra Munduiya while Bhibhishan Ravidas fired on the informant.
Informant survived the injury. After regaining consciousness he came out of
the pond where he was thrown and was brought to Sadar Hospital. However,
his brother Bakra Munduiya died due to the fire arm injury. Ext.5 is the post-
mortem report and Ext.6 is the injury report of the informant. It is submitted
that P.W.3 has been declared hostile and P.W.4 is a hearsay witness.
Convict Bhibhishan Ravidas, appellant in Cr. Appeal (DB) No.1269/2017 has
been granted bail on 12th February 2018. It is submitted that the trial of the
appellant was separated from others as he and one Sura @ Naresh Munduiya
were absconders. 8 other accused persons were convicted vide judgment dated
22nd April 2017 passed in Sessions Trial No.34/2013 and other convicts such
as Govind Mudaiya in Cr. Appeal (DB) No.922/2018 vide order dated 6th
February 2019, appellant in Cr. Appeal (DB) No.963/2017 Bir Singh, four
other appellants in Cr. Appeal (DB) No.1094/2017 have also been released on
bail vide order dated 25th August 2018. Bakra Munduiya's bail has only been
rejected vide order dated 19th June 2018 passed in Cr. Appeal (DB)
No.1139/2017. Appellant has been in custody since 1 st February 2018 i.e.
more than 3 ½ years by now. Therefore, he may also be enlarged on bail.
4. Learned P.P. has opposed the prayer. He submits that the
conviction of the present appellant, who was an absconder, has been recorded
under Section 302 of the I.P.C. with the aid of Section 34 of the I.P.C. as he
was also a part of the mob who had indulged in the killing of the brother of
the informant namely Birendra Munduiya and also injured the informant
Pachai Munduiya. Therefore, appellant may not be enlarged on bail. Learned
P.P. has filed a counter affidavit in compliance of the order dated 7 th April
2021.
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 instances of other convicts in the separate trial
arising out of the same Manjhari (Tantnagar) P.S. Case No.22/2012 who have
been granted bail in one or the other Cr. Appeals referred to herein above.
6. Having regard to the fact that as per the prosecution material,
Bakra Munduiya fired upon the deceased and Bhibhishan Ravidas fired upon
the injured informant and that Bhibhishan Ravidas has also been granted bail
in Cr. Appeal (DB) No.1269/2017 vide order dated 2nd February 2018 and
there are no specific overt act against this appellant, we are inclined to grant
the privilege of suspension of sentence to the appellant during pendency of
the appeal. Appellant is directed to be released on bail 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-III,
West Singhbhum at Chaibasa in connection with S.T. No. 34/2013 (S-2) with
the condition that the appellant as well as his bailors shall not change their
addresses and mobile numbers, if any, without prior permission of the learned
trial court. I.A. No.3444 of 2021 stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Shamim/
