Jharkhand High Court
Sanjay Sao @ Sanjay Sah vs The State Of Jharkhand on 18 April, 2023
1 Cr. Appeal (SJ) No. 08 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 08 of 2023
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1. Sanjay Sao @ Sanjay Sah
2. Lakhan Sao @ Lakhan Sah
3. Manik Chandra Sao @
Manik Chandra Sah ... ... Appellants
Versus
The State of Jharkhand ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Pankaj Srivastava, Advocate
For the State : Mr. Subodh Kr. Dubey, Addl.P.P.
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Order No. 05: Dated: 18 April, 2023
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Heard the learned counsels appearing on behalf of the parties.
I.A. No. 1596 of 2023
The instant interlocutory application has been filed on behalf
of the appellants with a prayer to enlarge them on bail during the
pending of this appeal which has been preferred against the
judgment dated 14.12.2022 convicting the appellants and the order
of sentence dated 16.12.2022, passed by the learned Court of
Additional Sessions Judge, Nagar Untari, Garhwa in Session Trial
Number-206/2018 arising out of Bhawanathpur P.S. Case No.64/18
(corresponding to G.R. Case No.736/18), whereby and where under
the appellants have been convicted under sections 325/34, 307/34
and 504/34 of I.P.C. and accordingly convicted them to undergo R.I.
for 5 years and to pay fine of Rs. 2000/- for the offence U/s 307/34
of the IPC and in default of payment of fine they would undergo R.I.
for a period of two months in addition and further convicted R.I. for
a period of 3 years and shall pay fine of Rs. 1000/- for the offence
u/s 325/34 of IPC and in default of payment of fine they would
further undergo R.I. for a period of one month in addition and
further convicted R.I. for 6 months for the offence U/S 504/34 of
IPC. It was also directed that the period already undergo by convicts
2 Cr. Appeal (SJ) No. 08 of 2023
in judicial custody in this case, would be set off as per law. All the
sentences were directed to run concurrently.
Learned counsel appearing for the appellants submitted that
learned court below did not appreciate the facts that there was an
enmity between both the parties as evident from the para 20 of the
P.W. 4 Baidyanath Sao. It has further been submitted that major
discrepancy was found in the use of the weapon by which the
injuries were alleged to have been inflicted upon the injured persons
including P.W. 4, P.W. 5 and Mihtilesh Sao, where as per the FIR,
the weapon used in assaulting the injured person P.W. 5 was tangi
while the doctor opined that injury was caused by hard and blunt
substance, therefore, the prosecution has failed to prove intention
and knowledge of attempt to commit murder of the injured persons
in order to prove the charge inter alia u/s 307 of IPC. Further, it has
also been pointed out that the appellant no. 1 has remained in
custody since about 2 years and 9 months, the appellant no. 2 is in
custody for about 11 months and the appellant no. 3 is in custody
for about 4 months. Further, it has also been pointed out that the
alleged occurrence has taken place on 15.04.2018 and the FIR has
been produced before the learned court below after the lapse of four
days for which no explanation has been given on behalf of the
prosecution. Further, it is submitted that the appeal is not likely to
be heard in near future and therefore the appellants deserve to be
enlarged on bail.
On the other hand, learned Addl.P.P. for the State opposed the
contentions raised on behalf of the appellants submitted that learned
court below has rightly appreciated the deposition of the witnesses
including the witnesses P.W. 4, Badiyanath Sao and P.W. 5 Subhasi
Devi who are the injured persons and they had sustained injuries
inflicted upon them and therefore the appellants do not deserve to
be enlarged on bail.
3 Cr. Appeal (SJ) No. 08 of 2023
Having heard the learned course for the parties perused the
record of this case.
In the light of the persuasive submission advanced on behalf
of the appellant it is found just and proper to enlarge the appellants
on bail during the pending of this appeal.
Accordingly ,the appellants are directed to be enlarged on bail
on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Thousands only) each with two sureties of the like amount each, to
the satisfaction of learned Court of Additional Sessions Judge,
Nagar Untari, Garhwa in Session Trial Number-206/2018 arising
out of Bhawanathpur P.S. Case No.64/2018 (corresponding to G.R.
Case No.736/2018)subject to the conditions as set out in u/s 439 of
Cr.P.C. and also subject to the condition that each of the appellants
will deposit entire fine amount as awarded by the learned court
below in order to give it to the injured P.W. 4 by way of
compensation without being prejudiced to the rights of their
defence.
The learned court below after deposit of the said fine amount
by the appellants will issue the notice to the P.W. 5 and after proper
identification the said fine amount will be disbursed in favour of
P.W. 5 Subhasi Devi by way of compensation. The money receipt of
the fine amount will be submitted before this Court.
Accordingly, I.A. No. 1596 of 2023 gets disposed of.
Cr. Appeal (SJ) No. 08 of 2023
Scanned copy of the lower court record has been received
from the court concerned let the case be listed for hearing under the
heading "for hearing" as per seriatim.
(Navneet Kumar, J.)
MM
