Jharkhand High Court
Kajal Gope @ Kaleshwar Gope vs The State Of Jharkhand on 10 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 903 of 2022
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1.Kajal Gope @ Kaleshwar Gope
2.Manik Gope ... ... Appellants
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellants: Mr. C.G.A. Bardhan, Advocate
For the State : Mr. Bhola Nath Ojha, Addl. P.P.
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th
Order No. 04: Dated: 10 February, 2023
Heard, learned counsel appearing on behalf of the appellants
and learned Addl.P.P. appearing on behalf of the State.
It is submitted that this Court has already admitted this appeal
which has been preferred against the judgment of conviction dated
18.11.2022 and order of sentence dated 21.11.2022 passed by the
learned Additional Sessions Judge, Chandil, in G.R. Case No.158 of
2016, arises out of Ichagarh P.S. Case No.01 of 2016 (corresponding to
S.T. No.64 of 2016) who convicted the appellants for the offence
punishable under Section 307/34 of IPC, sentenced them to undergo
R.I. for a period of 5 years and a fine of Rs.10,000/- in default whereof
to undergo S.I. for a period of one month. The periods already
undergone by the convicts were also directed to be set off under
Section 428 of Cr.P.C. from the sentences awarded.
Learned defence counsel appearing on behalf of the appellants
submitted that one I.A. No.12018 of 2022 has been filed with a prayer
to enlarge the appellants on bail during pending of this appeal by
suspending the execution of order of sentence dated 21.11.2022.
Further, it has been pointed out that all the material
independent witnesses have been examined on behalf of the
prosecution, namely, P.W.-1 (Fani Bhushan Manjhi), P.W.-2 (Sonu
Manjhi), P.W.-3 (Rahim Gope), P.W.-4 (Bhavani Kumar Pathak), P.W.-
5 (Dhiren Manjhi), P.W.-6 (Mahendra Manjhi) P.W.-7 (Suku Manjhi)
and P.W.-9 (Mansa Manjhi) have been declared hostile.
Further, it has been pointed out that two persons were alleged
to have sustained the injuries and their injuries have been brought on
record and admitted into the evidence by Exhibit- 4 and Exhibit-5 and
from perusal of Exhibit-4 and Exhibit-5, it is found that nature of the
injuries have not been mentioned in the injury report and the Doctor
who had been examined as P.W.-13 and P.W.-14 also did not
categorically depose about the nature of injuries although it is stated
that a few injuries are dangerous.
Further, it has also been pointed out that both the appellants
have already remained in jail about more than 07 months and
therefore, it is urged on behalf of the appellants that let the appellants
be enlarged on bail during pending of this appeal. It has also been
pointed out on behalf of appellants that this appeal is not likely to be
heard in near future.
On the other hand, the learned Addl.P.P. appearing on behalf
of the State opposed the contentions raised on behalf of the appellants
and submitted that both the Doctors have been examined on behalf of
the prosecution and they have supported the case in order to hold the
guilt the offence of the appellants punishable inter alia under Section
307 of IPC.
Having heard both the parties, perused the record of this case.
In the light of the convincing and forceful submission advanced
on behalf of the appellants, this Court finds that it is just and fair in the
interest of justice to enlarge the appellants on bail during pending of
this appeal.
Accordingly, both 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 Additional Sessions Judge, Chandil, in G.R.
Case No.158 of 2016, arises out of Ichagarh P.S. Case No.01 of 2016
(corresponding to S.T. No. 64 of 2016) subject to condition that
appellants shall pay the fine amount of Rs.10,000/- (Rs. Ten
Thousands Only) as awarded by the learned court below without
being prejudiced to their right of defence by way of compensation in
order to give both the injured persons namely, P.W.-3 (Rahim Gope,
S/o Shyam Sunder Gope, R/o Mauza- Heremada, Police Station-
Chouka, District- Saraikela-Kharswan) and P.W.-10 (Abhiram Gope,
S/o Kalicharan Gope, R/o Mouza- Urmal, Police Station- Chouka,
District- Saraikela-Kharswan) and fine amount to be distributed
equally among both of them after issuance of notice and proper
identification.
I.A. No.12018 of 2022 gets disposed of.
(Navneet Kumar, J.)
R.S./-
