Mamta Devi vs The State Of Jharkhand
2023 Latest Caselaw 1473 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (S.J.) No. 56 of 2023
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Mamta Devi                               ...     ...    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           : Mr. Ashim Kumar Sahani, Advocate
For the State               : Mr. Bhola Nath Ojha, A.P.P.
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Order No. 05 / Dated: 5th April, 2022
I.A. No. 1798 of 2023 & I.A. No. 2822 of 2023

Heard learned counsel for the appellant and the learned counsel for the State. Learned Counsel appearing on behalf of the appellant has submitted that one Interlocutory Application being I.A. No. 2822 of 2023 has been filed with a prayer to enlarge the appellant on bail during the pendency of this appeal, which has been preferred against the judgment of conviction dated 08.12.2022 and the order of sentence dated 13.12.2022 passed by the Court of learned Additional Sessions Judge-IV-cum-Special Judge, (M.P./ M.L.As' Cases), Hazaribagh in S.T. No. 347 of 2021, arising out of Rajrappa P.S. Case No. 79 of 2016, corresponding to G.R. No. 984 of 2016, whereby and where under the Appellant has been convicted under Sections 147/ 148 / 341 / 342 / 323 / 324 / 325 / 326 / 337 / 338 / 353 / 332 / 333 / 307 / 504 / 506 / 427 / 435 / 149 of the Indian Penal Code and sentenced as follows:

(i) Rigorous Imprisonment of two (02) Years of the offence under Section 148 of the Indian Penal Code.

(ii) Rigorous Imprisonment of two (02) Years for the offence under Sections 332/149 of the Indian Penal Code.

(iii) Rigorous Imprisonment of five (05) Years and fine of Rs.10,000/-

(Ten thousand only) for the offence under Sections 333/149 of the Indian Penal Code and

(iv) Rigorous Imprisonment of five (05) Years and fine of Rs.10,000/-

(Ten thousand only) for the offence under Sections 307/149 of the Indian Penal Code and in the default of payment of each of the fine simple imprisonment of six (06) months and all sentences were Cr. Appeal (S.J.) No. 56 of 2023

directed to run concurrently. The Learned Court below also assigned reasons "there is no need to pass sentences for lesser offences separately."

Learned counsel for the appellant has submitted that the allegation against the appellant was that she alongwith the co-accused persons were leading a procession under the banner of Nagrik Chetana Manch, Gola making protest for their legal demand alleging slogans against the company IPL Plant, who is said to have acquired the land in the locality for running the company and during the course of the procession it is alleged that 300 to 400 persons were present in the procession and who became violent then the police charged lathi and also opened fire due to which several persons got injured and two persons are said to have died by the police firing which is the admitted case of the prosecution.

Learned counsel for the appellant has submitted that there is no specific allegation against this appellant for causing injury to any of the 17 injured persons and none of the injured person has deposed that it was the appellant who had injured them and there is no overt act against this appellant.

Further, it has also been submitted that it is an admitted case of the prosecution that this appellant has not used any fire arm gun and all the injured persons are said to have sustained simple injury except the informant Dinesh Prasad Surin i.e. P.W.-14 who did not support the case of the prosecution in his deposition during the course of trial and he has been declared hostile.

Further it has also been submitted that the doctors who are said to have examined the informant i.e. P.W.-14 and prepared the injury report has not been examined and rather some another doctors have been examined who found the injury to be grievous in nature and thus the accused-appellant has been debarred from his valuable rights to draw the attention of the concerned doctor about the nature of injury in order to determine as to whether the injury inflicted upon the injured P.W.-14 was grievous in nature or not and further the injury is also not said to have been inflicted by fire arm gun and thus the case of the prosecution gets totally falsified.

Further it has been submitted that the appellant is in jail for more than seven months and the maximum conviction is five years and this appeal is not likely to be heard in near future and therefore, she deserves to be enlarged on bail.

Cr. Appeal (S.J.) No. 56 of 2023

On the other hand learned counsel for the State has opposed the contentions raised on behalf of the appellant and submitted that several persons were injured in the mob agitation which is said to have been led by this appellant alongwith the co-accused persons and therefore, she does not deserve to be enlarged on bail.

Having heard the parties, perused the records of this case. In the light of the aforesaid persuasive submission advanced on behalf of the appellant, it is found just and proper to enlarge the appellant on bail and accordingly the appellant is directed to be enlarged on bail by 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-IV-cum- Special Judge, (M.P./ M.L.As' Cases), Hazaribagh in S.T. No. 347 of 2021, arising out of Rajrappa P.S. Case No. 79 of 2016, corresponding to G.R. No. 984 of 2016, subject to the conditions as stated u/s 439 of Cr.P.C. and also subject to the further condition that the entire fine amount as imposed by the learned Court below under different heads / counts are deposited by the appellant without being prejudice to her right of defence.

The pending Interlocutory Applications being I.A. No. 2822 of 2023 alongwith I.A. No. 1798 of 2023 gets disposed of accordingly.

Let this appeal be listed alongwith Cr. Appeal (S.J.) No. 57 of 2023, under the heading "for hearing" in seriatim.

This appeal has already been admitted for hearing on 24.02.2023. The Lower Court Records have also been received.

Let this case be posted alongwith Criminal Appeal (S.J.) No. 56 of 2023 under the heading "for hearing" in seriatim

J.Minj (Navneet Kumar, J.)