Matiyash Hembrom vs The State Of Jharkhand
2024 Latest Caselaw 1477 Jhar

Jharkhand High Court

Matiyash Hembrom vs The State Of Jharkhand on 13 February, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Appeal (DB) No.2046 of 2023
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Matiyash Hembrom .... .... Appellant Versus

The State of Jharkhand .... .... Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellant : Mr. Ritesh Kumar, Advocate For the State : Mr. Pankaj Kr. Mishra, APP

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05/Dated: 13.02.2024

1. Mr. Ritesh Kumar, learned counsel for the appellant has submitted that so far as the ground of opposition of five criminal antecedents as against the appellant is concerned, in most of the cases, as per his instruction, the appellant has been acquitted.

2. He intends to bring those judgments on record by way of an affidavit.

3. Let him do so on or before the next date of hearing.

4. This Court has called upon the status report of present position of the criminal case regarding the trial. The status report has been furnished.

5. It is evident from the said report as available in flay 'Y' that the case record was committed to the Court of Sessions on 14.12.2018. The charge was framed on 29.03.2022. Total number of witnesses cited in charge-sheet is nine. One witness has been examined till date. Summon and bailable warrant have been issued to witnesses and the current stage of the case is for evidence, i.e., on 22.01.2024.

6. It has been submitted by the learned counsel for the appellant that the appellant is languishing in judicial custody since 01.12.2018 and that is the main ground taken in showing interference with the impugned order by taking aid of the Article 21 of the Consitutuion of India.

7. This Court before answering the said issue, is of the view that an explanation is required to be sought for from the Superintendent of

Police, Khunti as to why in spite of the summons and the bailable warrant, the witnesses are not being turned up.

8. Such explanation, be furnished by way of an affidavit on or before the next date of hearing.

9. Let this order be communicated along with the status report dated 19.01.2024 to the Chief Secretary, Govt. of Jharkhand, the Secretary, Home, Govt. of Jharkhand and the Director General of Police, Jharkhand.

10. Let this matter be listed on 26.02.2024 side by side Cr. Appeal (DB) No.573 of 2023.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

Rohit/-