Jharkhand High Court
Sumit Keshari vs The State Of Jharkhand on 1 March, 2023
1 Cr. Appeal (SJ) No. 872 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 872 of 2022
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Sumit Keshari ... ... 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. Bhupal Krishna Prasad, Advocate
For the Respondent : Mr. Santosh Kr. Tiwari, Addl.P.P.
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Order No. 03: Dated: 1 March, 2023
st
Heard the learned counsels for the parties.
I.A. No. 1777 of 2023
Learned counsel appearing for the appellant submitted that
one I.A. No. 1777 of 2023 has been filed on behalf of the appellant to
enlarge the appellant on bail during the pending of this appeal
which has been preferred against the judgment of conviction dated
10.11.2022 and order of sentence dated 11.11.2022 passed by the
learned Additional Sessions Judge-II, Dumka in Sessions Case No.
70 of 2021 arising out of Dumka (T) P.S. Case No. 77 of 2020
whereby and whereunder the appellant has been convicted and
sentenced to undergo R.I. for 5 years u/s 452/34 of IPC and fine of
Rs. 5000/- and in default of payment of fine SI. For 1 year, RI for 3
years u/s 324/34 of IPC, SI for 01 year u/s 323/34 and further
directed to undergo SI for one year u/s 341/34 of IPC and all the
sentences were directed to run concurrently.
It has been pointed out that main allegation is against the
accused Akash Daruka and there is no specific allegation against
the appellant Sumit Keshari and there is no any evidence with
respect to the pre-conceived plan/ agreement/co-ordination with
the co-accused in order to convict this appellant with the aid of
section 34 of IPC. Further it has been pointed out that the appellant
2 Cr. Appeal (SJ) No. 872 of 2022
is in jail and there is no evidence of house trespass as alleged by the
prosecution and it was the convict Akash Daruka, who is said to
have assaulted the victim Aditya Chourasia and told him to come
out from his house and the entire allegations and charges leveled
against this appellant are omnibus and general in nature and no
specific overt act has been attributed against the appellant. Further it
has been pointed out that this appellant has been in jail for a
substantive period of time during the pre-conviction period and
post-conviction period i.e. for about six months and this appeal is
not likely to be heard in near future and therefore it is urged that he
deserves to be released on bail.
On the other hand, learned Addl. P.P. opposed the prayer for
bail and submitted that this appellant Sumit Keshari was all along
present with the main culprit Akash Daruka on the spot and he does
not deserve to be released on bail.
Having heard the parties, perused the records of this case.
In view of the submissions of the learned counsel appearing
for the appellant, it is just and proper to enlarge the appellant
during the pending of this appeal.
Accordingly this appellant is directed to be enlarged on bail
during the pending of this appeal, on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousands only) with two sureties of
the like amount each, to the satisfaction of learned Additional
Sessions Judge-II, Dumka in Sessions Case No. 70 of 2021 arising out
of Dumka (T) P.S. Case No. 77 of 2020 subject to the condition that
the appellant shall deposit the entire fine amount to a sum of Rs.
5000/- in all the counts or the heads in order to give it to the victim
Aditya Chourasiya (P.W. 7) without being prejudice to the to his
right of defense.
3 Cr. Appeal (SJ) No. 872 of 2022
Learned court below is directed to send a notice to the P.W. 7
(Aditya Chourssiya) and on his appearance, the amount deposited
by the appellant be disbursed to him.
Accordingly, I.A. No. 1777 of 2023 gets disposed of.
Cr. Appeal (SJ) No. 827 of 2022
Let this case be listed under the heading "for hearing" in
seriatim.
(Navneet Kumar, J.)
MM
