Ganesh Singh vs The State Of Jharkhand
2023 Latest Caselaw 367 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 767 of 2022
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1. Ganesh Singh

2. Ramji Singh @ Ramjee Singh

3. Prahlad Singh ... ... 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. Sudhanshu S. Choudhary, Advocate For the Respondents : Mr. Gautam Rakesh, Addl.P.P. For the Informant : Mr. Rahul Pandey, Advocate

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Order No. 05: Dated: 20 January, 2023 th

Heard the learned counsels for the respective parties. I.A. No. 225 of 2023 The instant interlocutory application has been filed for releasing the appellants on bail.

Learned counsel for the appellant submitted that the present appeal has been preferred against the judgment dated 14.09.2022 and order of sentence dated 19.09.2022 passed in Sessions Trial No. 222/2015 (arising out of Sahibganj Towan P.S. (M) Case No. 122/2012 corresponding to G.R. No. 308/2012) passed by the learned Sessions Judge at Sahibganj whereby and where under the learned court below has convicted the appellants for the offence punishable u/s 307/34, 341/34, 323/34, 324/34 of IPC and sentenced the appellants to undergo RI for five years and fine of Rs. 2000/- each for the offence punishable u/s 307/34 of IPC and in default of payment of fine S.I. for six months, further sentenced to undergo RI for three years and fine of Rs. 500/- each for the offences u/s 324/34 of IPC and in default of payment of fine SI for one month, further sentenced to SI for 06 months for the offence punishable u/s 323/34 of IPC and also further sentenced to undergo SI for one months for the offence punishable u/s 341/34 of IPC.

It is submitted on behalf of the appellant that I.A. No. 225 of 2023 has been filed with a prayer to enlarge the appellants on bail during the pendency of the appeal.

It is pointed out that there is appeal and counter appeal between the parties and the informant people has also been convicted by the learned trial court against which the appeal has been preferred which is pending before the Court vice Cr. Appeal (SJ) No. 764 of 2022 where by the informant people has also been convicted inter alia u/s 307 of IPC. It has been pointed out that in the present case no offence punishable u/s 307 of IPC is made out in view of the categorical deposition of P.W. 10 Dr. Shashi Bhushan Choudhary who has opined that the injuries were simple in nature. Further it has also jointly been submitted by the learned counsel appearing for the appellants and learned counsel for the informant as evident form the para 9 of I.A. that a compromise has taken place after the conviction between both the parties as both were co- villagers and by the intervention of well-wishers and friends the matter has settled between the parties and it has also been pointed out that all the three appellants have remained in jail since 14.09.2022 as on date and further in pre conviction period they have also remained in jail for the substantive period of time, therefore, during the pendency of this appeal let the appellants be released on bail.

Learned Addl.P.P. for the State opposed the contentions raised on behalf of the appellant but did not controvert the fact that the compromise has taken place between both the parties Having taken into consideration the aforesaid persuasive submissions advanced on behalf of the appellants, let the appellants be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Sahibganj passed in Sessions Trial No. 222/2015 (arising out of Sahibganj Towan P.S. (M) Case No. 122/2012 corresponding to G.R. No. 308/2012) subject to the condition inter alia that they will deposit the fine amount under all the counts as awarded by the learned court below and the learned counsel appearing for the appellants is directed to deposit the money receipt of the fine amount before the Court positively.

Accordingly, I.A. No. 225 of 2023 gets disposed of.

Cr. Appeal (SJ) No. 767 of 2022 Let the original lower court record be called for from the court concerned and list this case under the heading "for hearing" in seriatim.

(Navneet Kumar, J.) MM