Sukhdeo Singh Sardar @ Sukhdev ... vs The State Of Jharkhand
2022 Latest Caselaw 3801 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Criminal Appeal (D.B.) No. 487 of 2022
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Sukhdeo Singh Sardar @ Sukhdev Singh Sardar ... ... Appellant Versus The State of Jharkhand ... ... Respondent

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellant : Mr. Nagmani Tiwari, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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I.A. No. 4653 of 2022 05/20.09.2022 Heard Mr. Nagmani Tiwari, learned counsel for the appellant and Mr. Shiv Shankar Kumar, learned A.P.P. for the State.

This interlocutory application has been preferred by the appellant for grant of bail to him during the pendency of this appeal.

The appellant has been convicted for the offences u/s 302 of the Indian Penal Code and Section 27 of the Arms Act and has been sentenced to undergo R.I. for life along with a fine of Rs. 5,000/- for the offence u/s 302 of the Indian Penal Code.

It has been alleged that the son of the informant and his friend were murdered by unknown miscreants.

The conviction of the appellant seems primarily based on the evidence of P.W.4 who has stated that the deceased knew that the appellant had committed the murder of Devendra Mahto which led to a conviction and, therefore, the needle of suspicion was pointed towards the appellant for committing the murder of the son of the informant. There appears to be absolutely no material which could have led to the conviction of the appellant.

On considering the aforesaid, we are inclined to admit the appellant on bail.

Accordingly, during the pendency of this appeal, the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned

Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 51 of 2015.

I.A. No. 4653 of 2022 stands allowed and disposed off.

Criminal Appeal (D.B.) No. 487 of 2022 In view of the findings recorded in the impugned judgment, we deem it fit that the appeal should be heard on merit.

Accordingly, let Criminal Appeal (D.B.) No. 487 of 2022 be listed under the heading "For Hearing" on 12.10.2022 at the top of the Board.

Office, in the meantime is directed to prepare the paper book.

(Rongon Mukhopadhyay, J.)

(Ambuj Nath, J.)

Alok/-