Jharkhand High Court
Vijay Kerai vs The State Of Jharkhand on 1 August, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 2075 of 2023
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Vijay Kerai .... .... .... Appellant(s)
Versus
The State of Jharkhand .... .... .... Respondent(s)
with
Cr. Appeal (D.B.) No. 2083 of 2023
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Disu Kerai .... .... .... Appellant(s)
Versus
The State of Jharkhand .... .... .... Respondent(s)
with
Cr. Appeal (D.B.) No. 2104 of 2023
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Krishna Kerai .... .... .... Appellant(s)
Versus
The State of Jharkhand .... .... .... Respondent(s)
with
Cr. Appeal (D.B.) No. 132 of 2024
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1. Narsingh Kerai
2. Mangal Kerai .... .... .... Appellant(s)
Versus
The State of Jharkhand .... .... .... Respondent(s)
CORAM: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
For the Appellant : M/s. Pragati Prasad & Nidhi Rani, Advocates
For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P.
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07/ 01.08.2024
I.A. Nos. 5699 & 5597 of 2024
These interlocutory applications have been filed by the
appellants, praying therein to suspend the sentence and release them on
bail during the pendency of these appeals.
2. The appellants have been convicted under Sections 148, 341,
302/149 of IPC in connection with Gua P.S. Case No. 20 of 2009
corresponding to G.R. No. 121 (S)/2009 (S.T. No. 37 of 2019). They have
been sentenced to undergo rigorous imprisonment for life and a fine of
Rs.5000/- for the offence under Section 302 & 149 of IPC.
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. Learned counsel for the appellants submits that admittedly,
informant is not an eye witness. She says in the FIR itself that Narsingh
Kerai & Gono Kerai have shot an arrow as a result of which one arrow
penetrated in her husband's chest as a result of which he died. The eye
witness is P.W5, who stated that all the accused persons, five in number
shot an arrow. Admittedly, there is one penetrating wound on the chest of
the deceased. Though, in the FIR there is specific allegation against
Narsingh Kerai, Gono Kerai, yet there is no such specific allegation
against any of the appellants in the statement of the eye witness i.e P.W.5.
5. Opportunity was given to the State to oppose the bail, which the
State availed and opposed.
6. Considering the fact that there is only one penetrating wound, we
are inclined to allow these interlocutory applications. Accordingly, upon
suspending the sentence, the appellants, namely, Vijay Kerai, Narsingh
Kerai & Mangal Kerai are directed to be released on bail during the
pendency of these appeals, on furnishing bail bonds of Rs.10,000/- (Rs.
Ten Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-IV, West Singhbum,
Chaibasa in connection with Gua P.S. Case No. 20 of 2009 corresponding
to G.R. No. 121 (S)/2009 (S.T. No. 37 of 2019) with a condition that the
appellants shall appear and mark their attendance before the Registrar,
Civil Court, West Singhbhum, Chaibasa once in every four months till the
disposal of these appeals.
7. I.A. Nos. 5699 & 5597 of 2024 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Anjali/ Pawan/-
