Radhika Devi vs State Of Jharkhand
2024 Latest Caselaw 3563 Jhar

Jharkhand High Court

Radhika Devi vs State Of Jharkhand on 3 April, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (D.B.) No. 1826 of 2023
                                       -----
             Radhika Devi                                     ... Appellant(s).
                                       Versus
             State of Jharkhand                               ... Respondent(s).
                                       With

                           Cr. Appeal (D.B.) No. 1937 of 2023
                                              -----
             Raju Yadav                                                     ... Appellant(s).
                                          Versus
             State of Jharkhand                                             ... Respondent(s).

             CORAM         :     SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

------

For the Appellant(s) : Mr. A.K. Sahani, Advocate (In Cr.A (DB) No. 1826 of 2023) Mr. Pran Pranay, Advocate (In Cr.A (DB) No. 1937 of 2023) For the State : Mr. Manoj Kumar Mishra. Advocate (In Cr.A (DB) No. 1826 of 2023) Mr. Saket Kumar, Advocate (In Cr.A (DB) No. 1937 of 2023)

.........

05 /03.04.2024: I.A. No.9746 of 2023 in (Cr. Appeal (D.B.) No. 1826 of 2023) This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release her on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced in connection with Sessions Trial No. 4 of 2021, for the offence under Section 302/34, 201/34, 120B/34 IPC. She has been sentenced to undergo rigorous imprisonment for life for offence under Section 302/34 & 120B/34 and along with other sentences.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. From the materials on record, we find that the case is based on circumstantial evidence. The circumstances which has been put forth is only the call details report and some confessional statement. Prima facie, these circumstances are very week.

6. Considering the aforesaid facts and the fact that there is no likelihood of this appeal being heard in near future, we are inclined to allow this interlocutory application.

Accordingly, upon suspending the sentence, the appellant namely Radhika Devi is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Principal Sessions Judge, Giridih in connection with Sessions Trial No. 4 of 2021 with a condition that appellant shall appear and mark her attendance before the Registrar, Civil Court, Giridih once in every four months till the disposal of this appeal.

7. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Anjali/- cp3