Surendra Dangi @ Sunil Dangi vs The State Of Jharkhand
2023 Latest Caselaw 369 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 712 of 2022
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Surendra Dangi @ Sunil Dangi ... ... 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. Pankaj Kumar, Advocate For the Respondent : Mr. Sanat Kr. Jha, Addl.P.P.

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

Heard the learned counsel for the parties. I.A. No. 9072 of 2022 The instant interlocutory application has been filed for releasing the appellant on bail.

Learned counsel for the appellants submitted that this appeal has already been admitted under which the appellant has been convicted vide the judgment of conviction dated 15.07.2022 and order of sentence dated 19.07.2022 passed by the learned Additional Sessions Judge-I, Chatra in connection with S.T. No. 45 of 2014 arising out of Sadar P.S. Case No. 194 of 2013 under which the sole appellant was held guilty u/s 341, 323, 324, 308 Part II & section 504 of IPC and was sentenced to undergo SI for 1 month u/s 341 of IPC, R.I. for 01 year u/s 323 of IPC, RI for 3 years and fine of Rs. 5000/- u/s 324 of IPC, RI or 1 year u/s 504 of IPC and RI for 4 years and fine of Rs. 10,000/- u/s 308 (2nd part) of IPC. In default of payment of fine amount, he is directed to undergo SI of further 6 months. All the sentences were directed to run concurrently and further it was directed that the period of detention undergone by the convict shall be set off.

The learned counsel has submitted that the informant and the appellant are full brothers and the dispute arose on the trivial matter for grazing of the vegetables by goat. Further, it has also been pointed out by the learned counsel for the appellant that Ext. 2 and 2/1 are the exhibit about the nature of the injuries. Further it has been pointed out that the sole appellant has already remained in jail for about 09 months including the post-conviction and pre conviction period. It has further been pointed out that no independent witness has come forward to corroborate the charges levelled against the appellant. Further it has been pointed out from the deposition of P.Ws. 2, 3 and 5 that the manner and mode of the weapons used in the occurrence is also doubtful. It has also been pointed out by learned counsel for the appellant that in the near future this appeal is not likely to be heard.

Learned Addl.P.P. opposed the contentions raised on behalf of the appellant.

Having taken into consideration the aforesaid persuasive submission advanced on behalf of the appellant, let the appellant be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each, to the satisfaction of Additional Sessions Judge-I, Chatra in connection with S.T. No. 45 of 2014 arising out of Sadar P.S. Case No. 194 of 2013 subject to the condition that he will deposit the fine amount under both 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.

Accordingly, I.A. No. 9072 of 2022 gets disposed of. Cr. Appeal (SJ) No. 712 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