Sujeet Kumar Mandal @ Sujit Kumar ... vs State Of Jharkhand
2021 Latest Caselaw 3639 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 745 of 2021
             1 Sujeet Kumar Mandal @ Sujit Kumar Mandal
             2. Lalit Kumar Mandal
             3. Arbind Kumar @ Arbind Kumar Mandal @ Arbind Mandal
                                                             ... Petitioners
                                      -Versus-
                State of Jharkhand                           ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Anoop Kumar Mehta, Advocate Mr. Rupesh Singh, Advocate For the Opposite Party-State : Mr. Ravi Prakash, Spl.P.P.

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03/27.09.2021. Heard Mr. Anoop Kumar Mehta assisted by Mr. Rupesh Singh, learned

counsel for the petitioners and Mr. Ravi Prakash, learned Spl. P.P. for the

opposite party-State.

This criminal miscellaneous petition has been taken through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic.

Learned counsel appearing for the petitioners submits that P.W.5 is

the informant and brother of the deceased and his deposition supplied to

the defence was not readable and complete and for that a petition was filed

for providing legible copy of the deposition of P.W.5. Pursuant to that

petition, Annexure-3 was supplied to the defence.

On perusal of the said Annexure-3, it is crystal clear that paragraphs

15, 16, 19 and 25 are incomplete as certain words are missing.

Learned counsel appearing for the petitioners further submits that the

concerned court vide order dated 29.01.2021 has appointed one counsel

from the panel of District Legal Services Authority, Deoghar to argue the

case and imposed a cost of Rs.5,000/- to be deposited in the Nazarat. He

also submits that Sections 12 and 13 of the Legal Services Authority Act

does not provide the authority to appoint any lawyer for the person like the

petitioners, who have been able to engage a lawyer and the case has been

conducted since inception. He further submits that on this background,

Criminal Miscellaneous Transfer Petition No.2 of 2021 was filed by the

petitioners before the Principal District and Sessions Judge, which was

rejected vide order dated 25.02.2021. He also submits that the hearing in

the case was concluded in the month of February 2021 and the matter has

been posted for judgment on 28.09.2021.

The State is directed to file counter affidavit within two weeks.

The trial court shall not pass the judgment in connection with

Sessions Trial No.195/2009, corresponding to G.R. No.549/2002 and

Mohanpur P.S. Case No.127/2002, pending in the court of Additional

Sessions Judge-VI, Deoghar, till the next date.

Post this matter on 01.11.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/