Dilip Mahto vs The State Of Jharkhand
2022 Latest Caselaw 3121 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Criminal Appeal (S.J.) No. 456 of 2022
                                        ....

1. Dilip Mahto

2. Rajesh Mahto

3. Diwakar Mahto .... Appellants Versus The State of Jharkhand .... Respondent ....

            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Appellants             : Mr. L.C.Roy, Adv.
            For the State                  : Mr.V.S.Sahay, APP
                                           ....

03/10.08.2022         I.A. No. 5364 of 2022

The instant interlocutory application has been filed on behalf of the appellants for suspension of sentence and grant of ad interim bail, during pendency of the instant appeal.

This criminal appeal has been filed against the judgment of conviction and order of sentence dated 23.05.2022 passed by learned Sessions Judge, Deoghar in S.T. No.410 of 2013, whereby the appellants have been convicted and sentenced to undergo R.I. for seven years with a fine of Rs.10,000/- each for the offence under Section 307/34 of IPC and in default of payment of fine, further sentenced to undergo R.I. for six months.

Altogether four persons have been charged, one has died during pendency of the trial and finally three persons have been convicted who are appellants before this Court.

Learned counsel for the appellants has submitted that the appellants have been charged under Sections 307 and 379/34 of the IPC but finally convicted under Section 307/34 of IPC. It has been further submitted that they are gotias and residing in the same house. There was a dispute over a well and these appellants have claimed area and accordingly they were trying to fill up the well for construction of house. Instantly, scuffle has taken place between the parties although allegation of using of sword has been made but as per injury report, injury has been caused by hard and blunt substance which may be lathi. Thus, there was neither premeditation nor any arms has been used. They were all along on bail. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail. Considering the above facts, I am inclined to suspend the sentence and enlarge the appellants on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Deoghar in S.T. No.410 of 2013, subject to the condition that the appellants will submit self attested copy of their Aadhar Card and also give their mobile number before the learned court below, which they will not change during pendency of this case without prior permission of the court.

I.A. No.5364 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/