Banu Minj vs The State Of Jharkhand
2024 Latest Caselaw 7588 Jhar

Jharkhand High Court

Banu Minj 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.1303 of 2023
                                   -----
           1.Banu Minj, S/o Late Soma Minj
           2.Shanti Minz @ Jagni Minj @ Shanti Minj, W/o Banu Minj,
           Both are R/o Village- Rundhikocha, P.O. & P.S. Anandpur, Dist- West
           Singhbhum                                 ... Appellant(s).
                                   Versus
           The State of Jharkhand                    ... Respondent(s).
                                   ......

           CORAM       :       SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Anjani Kumar, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P. .........

07 /01.08.2024: I.A. No.1730 of 2024.

This interlocutory application has been filed by the appellants praying therein to suspend the sentence and release them on bail during the pendency of this appeal.

2. The appellants have been convicted under Sections 302 & 201/34 of IPC in connection with in S.T. Case No.09 of 2022. They have been sentenced to undergo imprisonment for life and a fine of Rs.10,000/- each for the offence under Section 302 r/w 34 of IPC along with other sentences.

3. Heard, the learned counsel for the appellants 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. This case is based on the circumstantial evidence, where the deceased, namely, Ramesh Tirkey was alleged to have been murdered. The only material against these appellants is that on the confessional statement of appellant No.1, a skeleton was recovered from a well, which according to the prosecution was of Ramesh Tirkey. This recovery was after one and half years of his last being seen. Further, the F.I.R. was lodged after one and half years. The DNA of skeleton could not be retrieved.

6. Considering the aforesaid evidence, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant No.1-Banu Minj and appellant No.2- Shanti Minz @ Jagni Minj @ Shanti Minj are directed to be released on bail during the pendency of this appeal, 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 Sessions Judge, West Singhbhum at Chaibasa in connection with S.T. Case No.09 of 2020 with a condition that the appellants shall appear and mark their attendance before the Registrar, Civil Court, Chaibasa once in every four months till the disposal of this appeal.

7. I.A. No.1730 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.