Ajit Prasad vs The State Of Jharkhand
2023 Latest Caselaw 112 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (SJ) No.666 of 2022

         Ajit Prasad                               .....   Appellant
                                    Versus
         The State of Jharkhand                    ....      Respondents

               CORAM:        HON'BLE MR. JUSTICE NAVNEET KUMAR

         For the Appellant           :   Mr. A.K. Kashyap, Sr. Advocate
         For the State               :   Mrs. Vandana Bharti, APP
                                 -----

4/05.01.2023 Heard learned senior counsel Mr. A.K. Kashyap appearing on behalf of the appellant and learned APP appearing on behalf of the state.

It has been submitted on behalf of the learned counsel for the appellant that one I.A. No. 9476 of 2022 has been filed on behalf of the appellant with a prayer for suspension of execution of order of sentence by enlarging the appellant on bail during pending of the appeal.

It has been pointed out that this court has admitted this appeal, which has been preferred against the judgment of conviction and order of sentence dated 20.08.2022 and 22.08.2022 respectively, passed by learned Principal District & Sessions Judge, Ramgarh, in S.T. No.33 of 2017, arising out of Patratu (Bhurkunda) P.S. Case No.295 of 2016, G.R. Case No.1218 of 2016, whereby and where under the appellant was convicted for the offence punishable under section 307 of IPC and he was directed to undergo R.I. for 4 years. It has been pointed out that the appellant and the informant PW -3 are full brothers and there is a landed property dispute between the parties because of the partition of the land. It has been pointed out that the genesis and of the dispute arose when it is alleged that this appellant had assaulted the informant PW-3 and the injury alleged to have been inflicted upon the informant PW-3 is simple in nature and there was only one single blow but no repeated assault. Further it has been pointed out that this appellant has already remained in jail for about 9 months and therefore he deserves to be enlarged on bail during pending of this appeal.

On the other hand, learned APP apposed the contention raised on behalf of the appellant.

Having taken into consideration the persuasive submissions advanced by learned counsel for the appellant and under the facts and circumstances of this case, this appellant Ajit Prasad is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Principal District & Sessions Judge, Ramgarh, in S.T. No.33 of 2017, arising out of Patratu (Bhurkunda) P.S. Case No.295 of 2016, G.R. Case No.1218 of 2016, subject to the conditions as laid down under Section 439 of Cr.P.C.

Accordingly, the I.A. No. 9476 of 2022 gets disposed of. Learned APP is directed to serve a notice to the informant PW 3, who is the full brother of the appellant through the concerned police station and submit a report to the effect before this court.

Let the original lower court record be called for and this case be listed under the heading for hearing in seriatim after receipt of the original lower court record.

(Navneet Kumar, J.) R.Kumar