Santoshi Devi vs The State Of Jharkhand
2021 Latest Caselaw 3573 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (D.B.) No.565 of 2019
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  Santoshi Devi                              .....     Appellant

                            Versus
  The State of Jharkhand                     .....   Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE RAJESH KUMAR Through-Video Conferencing

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    For the Appellant    : Mr. A. K. Sahani, Advocate
    For the State        : None
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             rd
06/Dated: 23 September, 2021

I.A. No.6157 of 2020

1. Heard Mr. Ashim Kumar Sahani, learned counsel appearing for the appellant.

2. None appears on behalf of the State.

3. The appellant had earlier moved this Court for grant of bail in I.A. No.5383 of 2019 which, however, was disposed of as not pressed vide order dated 19.09.2019.

4. It has been submitted by the learned counsel for the appellant that subsequently some of the co-convicts have been granted bail in Criminal Appeal (D.B.) No.504 of 2019 and in Criminal Appeal (D.B.) No.1152 of 2019. It has been stated that the case of the appellant is on similar footing to that of Maqbool Ansari, son of Alim Ansari, who has been granted bail in Criminal Appeal (D.B.) No.1152 of 2019. The learned counsel further submits that the circumstances denoted in paragraph-16 of the impugned judgment does not indicate that there was meeting of minds between the appellant and other co-convicts in committing the murder of Sanjay Kumar.

5. The allegation reveals that some unknown miscreants entered into the house of Sanjay Kumar and assaulted him. The fardbeyan of the wife of Sanjay Kumar was recorded in the next morning. It has been alleged by the informant that she had opened the door on knocking of the appellant and two unknown persons had forcibly entered into the room and locked up the informant and the appellant. It has been

alleged that when the door was finally opened by the daughter of the appellant, the informant rushed out and found her husband lying in an injured condition and he was taken to the hospital where he was declared dead. The informant has been examined as P.W.-2 and she has supported her narration made in her fardbeyan. It appears that this appellant and co-convict, Maqbool Ansari son of Alim Ansari, were in constant touch with each other before and after the occurrence. It has been stated that the said co-convict namely, Maqbool Ansari son of Alim Ansari has already been granted bail in Criminal Appeal (D.B.) No.1152 of 2019.

6. The meeting of minds which unfolded in the murder seems to have been concentrated between the present appellant as well as Maqbool Ansari son of Alim Ansari and since Maqbool Ansari has been granted bail, as stated above, we are inclined to grant bail to the appellant. During the pendency of this appeal, therefore, the appellant is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner - X, Ranchi in Sessions Trial No.235 of 2016 (Tr. No.03 of 2016).

7. I.A. No. 6157 of 2020 stands allowed and disposed of.

(Rongon Mukhopadhyay, J.)

(Rajesh Kumar, J.) Ravi- Chandan/-