Mamta Devi vs The State Of Jharkhand
2023 Latest Caselaw 1333 Jhar

                                 1              Cr. Appeal (SJ) No. 48 of 2023



    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 48 of 2023
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   Mamta Devi                           ...  ...  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. Ashim Kr. Sahani, Advocate
   For the Respondents :        Mr. Pankaj Kumar, P.P.
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   Order No. 05: Dated: 27 March, 2023
                            th

Heard the learned counsels for the parties.

I.A. No. 1097 of 2023 & I.A. 2821 of 2023 The learned counsel for the appellant submitted that both the I.As. have been filed on behalf of the appellant to be enlarged the appellant on bail during the pending of this appeal which has been preferred against the judgment of conviction and order of sentence dated 04.01.2023 passed by the learned Distt. & Additional Sessions Judge IV cum Special Judge, M.P./M.L.A.s. Cases, Hazaribagh.

It has further been pointed out that as a matter of fact the learned trial court after passing the judgment of conviction in the aforesaid section had granted provisional bail to the appellant on 04.01.2023 and on the same day i.e. 04.01.2023 on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each till 02.02.2023. But, since the bail bond was not furnished and therefore the learned trial court issued the conviction warrant against the appellant in this appeal. It has been pointed out that the learned trial court while passing the provisional bail has given time to furnish bail bond till rising of the court on the same day when the order of the provisional bail was passed on 04.01.2023 at 3.05 p.m. and the time was given till 4.30 p.m. to furnish the bail bond and, therefore, the bail bond could not be furnished during such short period of time and hence the bail was cancelled.

2 Cr. Appeal (SJ) No. 48 of 2023

Learned counsel for the appellant submitted that in order to ensure the substantive justice to the appellant, she deserves to be enlarged on bail as she has already remained in jail for a substantive period of time since 04.01.2023 till as on date i.e. more than 2 and ½ months. Further, it has also been pointed out that the maximum punishment awarded by learned court below for the offence is two years for the offence punishable u/s 435 /149 of IPC inter alia the maximum punishment is two years.

On the other hand, learned Addl.P.P. for the State did not controvert the fact that the appellant was enlarged on provisional bail on the same day when the order of sentenced was passed i.e. on 04.01.2023, but, the time of furnishing the bail bond was given till 4.30 p.m. on the same day i.e. 04.01.2023. But, since the appellant did not furnish the bail bond therefore the bail of the appellant was cancelled.

Having heard the parties, perused the record of this case. In the light of the facts and circumstances as submitted on behalf of both the parties, the appellant is directed to be enlarged on bail during the pending of this appeal by furnishing bail bond of Rs. 25,000/- each (Rupees Twenty Five Thousands) with two sureties like amount each to the satisfaction of the learned Distt. & Addl. Sessions Judge-IV-cum Special Judge, M.P./M.L.As. Cases Hazaribagh in connection with Sessions Trial No. 348 of 2021 subject to the conditions as laid down u/s condition 439 Cr.P.C. and further subject to the condition that the entire fine amount as imposed by the learned court below under all the counts /sections i.e. a sum of Rs. 10,000/- (Rupees Ten Thousands Only) would be deposited by the appellant before the learned court below by way of compensation without being prejudiced to her right of defence.

3 Cr. Appeal (SJ) No. 48 of 2023

Accordingly, I.A. No. 1097 of 2023 & I.A. 2821 of 2023 get disposed of.

Cr. Appeal (SJ) No. 48 of 2023

This appeal is already admitted and the lower court record be received let this case be listed in seriatim under the heading "for hearing".

(Navneet Kumar, J.) MM