Jharkhand High Court
Arjun Mahli vs The State Of Jharkhand on 27 June, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 85 of 2021
Arjun Mahli ... ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Kripa Shankar Nanda, Advocate
For the respondent : Mr. Bhola Nath Ojha, A.P.P.
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4/27.06.2022 Heard learned counsel for the appellant Mr. Kripa Shankar
Nanda and learned A.P.P. Mr. Bhola Nath Ojha on the prayer for
suspension of sentence made through I.A. No. 4137 of 2022.
2. Appellant along with Bachhan Mahli stands convicted for the
offence punishable under Sections 307/34, 326/34, 341/34 of the
IPC Section ¾ of the Prevention of Witch (Daain) Practices Act,
1999 by the impugned judgment dated 22.02.2021, passed by
learned Additional Sessions Judge, Simdega, in Sessions Trial No.
125 of 2017 arising out of Simdega P.S. Case No. 61/2017 (G.R.
No. 261/2017). Both the convicts have been sentenced vide order
dated 27.02.2021 in the following manner.
SI offence Sentence
No.
Imprisonment Fine Default
1. Sec. 341/34 of I.P.C. S.I. for 01 (one) month .... .....
2. Sec. 326/34 of I.P.C. R.I. for 10 (ten) years Rs. R.I. for 06
5000/- (six)
only months
3. Sec. 307/34 of I.P.C. R.I. for 10 (ten) years Rs. R.I. for 01
10,000/- (one) year
only
4. Sec. 3 of the R.I. for 03 (three)
Prevention of Witch months
(Daain) Practices
Act, 1999
5. Sec. 4 of the
Prevention of Witch
(Daain) Practices
Act, 1999
3. Learned counsel for the appellant submits that the co-convict
Bachan Mahli has been enlarged on bail by this court vide order
dated 05.10.2021. The present appellant has undergone custody
since 13.06.2017 i.e. more than half of the sentence of 10 years
imposed under Section 307/34 of the Indian Penal Code. Therefore
the appellant also be enlarged on bail by suspending his sentence.
4. Learned A.P.P. has opposed the prayer.
5. On consideration of the rival submissions of learned counsel for
the parties and the materials placed on record including the fact
that the appellant has remained in custody for more than half of the
sentence, we are inclined to enlarge the appellant on bail.
Accordingly, the appellant named above is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (rupess ten
thousand) with two sureties of like amount each to the
satisfaction on learned Additional Sessions Judge, Simdega, in
Session Trial No. 125 of 2017 with the condition that one of the
bailors shall be the deponent of the affidavit, Ashok Nag, S/o Lalit
Nag, Resident of Karamtoli, Morabadi P.O. and P.S. Karamtoli
District Ranchi, Jharkhand, whose U.I.D. card enclosed to the I.A.
be sent to learned trial court for verification at the time of his
release. Other bailor shall be the family member/close relative of
the appellant. Appellant and his bailors shall not change their
mobile numbers or address without permission of trial court and
shall also submit their Aadhar Card at the time of his release.
6. I.A. No. 4137 of 2022 stands disposed of.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Binit/
