Sita Ram @ Sita Ram Sao vs The State Of Jharkhand
2023 Latest Caselaw 2318 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (SJ) No. 381 of 2023
     1.Sita Ram @ Sita Ram Sao
     2.Rameshwar Rana
     3.Omkar Rana
     4.Vikash Rana @ Vikash Kumar Rana
     5.Arun Sao @ Arun Kr. Sao
     6.Raj Kumar Sao                                   --- --- Appellants

                                        Versus
     The State of Jharkhand                                  --- --- Respondent
                                               .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Sahil, Advocate For the State : Mr. Navin Kr. Singh, A.P.P.

I.A. No. 5294 of 2023

04/14.07.2023 Heard learned counsel for the appellants and the learned A.P.P. on behalf of the State on the instant interlocutory application seeking confirmation of provisional bail granted to the appellants by the court below.

2. This appeal is directed against the judgment of conviction and order of sentence dated 31.05.2023 passed in S.T. No. 100 of 2018 arising out of Domchanch P.S. Case No. 82 of 2017 by the court of learned District & Additional Sessions Judge-III, Koderma whereby the appellants have been convicted for the offence punishable under Section 341/149, 147, 325/149 of the IPC and have been sentenced to undergo S.I. for 1 month with a fine of Rs.500/- and a default sentence each u/s 341/149 IPC; S.I. for 2 years with a fine of Rs.1000/- each and a default sentence u/s 147 IPC; R.I. for 3 years with a fine of Rs.5000/- each and a default sentence u/s 325/149 IPC. All the sentences were directed to run concurrently.

3. It has been pointed out on behalf of the appellants that at the first instance the learned court below has granted provisional bail vide order dated 31.05.2023 for a period of one month, which was later on extended vide order dated 06.07.2023 till 15.07.2023. It has been pointed out on behalf of the appellants that the maximum sentence awarded to the appellants is 3 years and therefore it is urged on behalf of the appellants that let the provisional bail granted to them be confirmed.

4. Learned A.P.P on behalf of the State is present.

5. In view of the aforesaid submissions made on behalf of the appellants, the provisional bail granted to the appellants by the court of learned District & Additional Sessions Judge-III, Koderma in connection with S.T. No. 100 of 2018 arising out of Domchanch P.S. Case No. 82 of 2017 is hereby confirmed, subject to the condition that the entire fine amount as imposed by the learned court below under all the heads/counts i.e., Rs.6500/- each shall be deposited by each of the appellants in order to give it to the victim P.W.7 Nitish Kr. Yadav by way of compensation without being prejudiced to their right of defence.

6. Since the appellants are on provisional bail, each of them are directed to deposit the aforesaid fine amount in the court below within a period of 4 weeks from today to give it to the injured P.W.7 Nitish Kr. Yadav without being prejudiced to their right of defence. On deposit of the said fine amount by the appellants, learned court below shall issue notice upon P.W.7 and on his appearance and on proper identification, the said fine amount be disbursed to him by way of compensation without being prejudice to the right of defence of the appellants.

7. Appellants are directed to furnish the money receipt of the deposit of the fine amount before this court immediately, thereafter. I.A. No. 5294 of 2023 is allowed.

Cr. Appeal (SJ) No. 381 of 2023 This appeal is admitted for hearing.

Issue notice.

Call for the scanned copy of the lower court record in connection with S.T. No. 100 of 2018 arising out of Domchanch P.S. Case No. 82 of 2017 from the court of learned District & Additional Sessions Judge-III, Koderma.

(Navneet Kumar, J.) A.Mohanty