Jharkhand High Court
Bhalka Kewat @ Bholka Kewat vs The State Of Jharkhand on 19 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 395 of 2021
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Bhalka Kewat @ Bholka Kewat ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Ms. Renu Bala, Advocate
For the Respondent : Mr. Vijoy Kr. Sinha, Addl.P.P.
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Order No. 06: Dated: 19 December, 2022
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Learned counsel for the parties is present.
I.A. No. 11531 of 2022
Learned counsel appearing for the appellant submitted that
this appeal has been preferred against the judgment of conviction
and order of sentence dated 05.03.2021 passed by the learned
Additional Sessions Judge-II, Dumka in S.T. No. 05 of 2019 by way
of jail appeal on the basis of an application made by the appellant
from the jail addressed to the Member Secretary of Jharkhand State
Legal Services Authority, Ranchi.
It has been pointed out that the appellant is in jail since
04.08.2018 and the total sentence of the imprisonment awarded to
the appellant u/s 307 of IPC is 7 years and as such it is submitted on
behalf of the appellant that he has already served the sentence more
than half of the total sentence awarded to him. Therefore, it is urged
on behalf of the learned counsel for the appellant to enlarge the
appellant on bail.
Learned defence counsel has also pointed out that the learned
trial court has committed error in appreciating the evidence
adduced on behalf of the prosecution in view of the fact that there is
an inordinate delay of 17 days in lodging of FIR and further nothing
incriminating is said to have been recovered by the I.O. in this case.
It has further been pointed out that the injury report Ext. 6 has also
not been appreciated by the learned trial court in the right
perspective and 32 % burn injury as indicated in the injury report
has been blindly accepted by the learned trial court and, therefore, it
is submitted that after suspending the execution of the order of
sentence dated 05.03.2021 passed by the learned Additional Sessions
Judge-II, Dumka in S.T. No. 05 of 2019, let the appellant be enlarged
on bail.
On the other hand, the learned Addl.P.P. appearing on behalf
of the State opposed the contentions raised on behalf of the
appellant.
Having taken into consideration the persuasive submissions
advanced on behalf of the appellant under the facts and circumstances
of this case, it is found fair and just to grant the privilege of bail to the
appellant and accordingly the appellant, above named, is directed to
be enlarged on bail, during the pendency of this appeal, on furnishing
bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with
two sureties of the like amount each, to the satisfaction of learned
Additional Sessions Judge-II, Dumka.
Accordingly, I.A. No. 11513 of 2022 stands allowed.
Cr. Appeal (SJ) No. 395 of 2021
Office is directed to call for the original lower court record in this
appeal from the concerned court and let this case be listed after receipt
of the same for hearing as per seriatim.
Let a copy of this order be sent to the Principal District &
Sessions Judge-cum-Chairman, District Legal Services Authority,
Dumka to ensure that the appellant in Jail furnishes the bail bonds to
get himself released from jail.
(Navneet Kumar, J.)
MM
