Jharkhand High Court
Haldi Murmu vs The State Of Jharkhand on 28 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 636 of 2015
1. Haldi Murmu
2. Deewan Hembram
3. Nirmal Marandi ....Appellants
Versus
The State of Jharkhand ... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Kailash Prasad Deo
For the Appellant : Mr. Arwind Kumar, Advocate
For the State : Mr. Ravi Prakash,A.P.P.
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09/28.04.2022 Heard learned counsel for the appellant, Mr. Arwind Kumar and
Mr. Ravi Prakash, learned Additional Public Prosecutor for the State on the
renewed prayer for suspension of sentence made by appellant no. 1, Haldi
Murmu through I.A. No. 18 of 2022.
All the three appellants stand convicted for the offence punishable
under Section 302/34 of I.P.C by the impugned judgment dated 08.07.2015
rendered in Sessions Trial No. 346/2007/Sessions Trial No. 56/2008 by the
court of learned Additional Sessions Judge-VII, Dhanbad and they have been
sentenced to undergo R.I for life with a fine of Rs. 10,000/- each and default
sentence, by the impugned order of sentence dated 13.07.2015.
The prayer for suspension of sentence of appellant no. 1 has been
rejected on four occasions i.e. on 28.10.2015, then on 01.08.2018, thereafter,
upon due consideration on merits on 26th August, 2019 and lastly on 29th July,
2021 when it was dismissed as not pressed. By order dated 11 th March, 2022, a
report was called for from the RIMS and Jail Doctor as to the medical condition
of appellant no. 1, who had also written letter through the Jail Superintendent
indicating that she is suffering from Cancer and is undergoing treatment at
RIMS, Ranchi. Therefore, she has renewed her prayer for suspension of
sentence through I.A. No. 18 of 2022 and also prayed for early disposal of
appeal.
Learned counsel for the appellant submits that in view of the
report of Jail doctor, appellant may be released on bail as she is suffering from
breast carcinoma and is physically/clinically unfit. Appellant no. 1 is
undergoing continuous treatment under Surgery Department/Oncology
Department on OPD and IPD basis since February, 2016. Appellant may get
proper care and attention in the company of her close relatives if she is released
on bail. It is submitted that the appellant has remained in custody since 8th July,
2015 and completed about 7 years 4 months and 19 days of custody till date.
Learned Additional Public Prosecutor has opposed the prayer. He
submits that earlier the prayer for suspension of sentence has been rejected on
four occasions. She had killed her husband and one of her daughter has
categorically deposed against her. However, he submits that this Court may
take an appropriate view of the matter concerning these medical condition.
Having considered the submission of learned counsel for the
parties and facts and circumstances as above and that the appellant no. 1 has
been in custody for about 7 years 4 months and 19 days and particularly she is
suffering from breast carcinoma being treated in the Female Ward of Jail
Hospital as she is physically/clinically unfit, we are inclined to enlarge the
appellant no. 1 on bail by suspending her sentence. Accordingly, appellant no.
1, Haldi Murmu, 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-VII, Dhanbad in connection with Sessions Trial No. 346 of
2007/Sessions Trial No. 56 of 2008 with the condition that one of the bailors
shall be the deponent of the affidavit namely, Chintu Kumar S/o Late Ramu
Prasad, R/o village- Chatiniya Basti near Devi Mandap, P.O-Kuju, P.S Mandu,
District- Ramgarh. Let copy of the Aadhar Card of the deponent be sent to the
learned Trial Court for verification. Appellant and the bailors shall not change
their address or mobile nos. without permission of the learned Trial Court and
appellant and bailors shall furnish photocopy of their Aadhar Card before the
learned Trial Court at time of her release.
Consequently, I.A. No. 18 of 2022 stands disposed of.
(Aparesh Kumar Singh, J)
(Kailash Prasad Deo, J)
Jk/
