Rameshwar Yadav vs The State Of Jharkhand
2024 Latest Caselaw 6349 Jhar

Jharkhand High Court

Rameshwar Yadav vs The State Of Jharkhand on 1 July, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (D.B.) No.166 of 2024

           Rameshwar Yadav                            ... Appellant(s).
                                   Versus
           1.The State of Jharkhand
           2.Muniya Devi                              ... Respondent(s).


           CORAM       :      SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mr. A.K. Kashyap, Sr. Advocate Mr. Suresh Kumar, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. .........

07 /01.07.2024: The counter affidavit, the learned A.P.P. submits that notice has been served upon the informant as directed by this Court.

2. The counter affidavit has been produced before us, we have gone through it. The State is directed to file the same in the Centralized Filing Section.

3. This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

4. The appellant has been convicted and sentenced under Sections 302/34 of IPC in connection with Sessions Trial Case No.35 of 2015, arising out of Giridih (M) P.S. Case No.447 of 2014. He has been sentenced to undergo rigorous imprisonment for life imprisonment and a fine of Rs.10,000/- for the offence under Section 302/34 of IPC.

5. Heard, the learned Senior 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.

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

7. It is the allegation that this appellant has committed murder of his son. From the FIR lodged by daughter-in-law (wife of the deceased), it is clear that the deceased went with the tangi and there was altercation between the deceased and the father (appellant). The mother came and tried to intervene when the mother has also assaulted by the deceased. His father got enraged and with the tangi assaulted the deceased, resulting in his injuries and thereafter death.

8. Considering the nature in which the occurrence has taken place and considering the age of the appellant, which is seventy years, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Rameshwar Yadav is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Giridih, in connection with Sessions Trial Case No.35 of 2015, arising out of Giridih (M) P.S. Case No.447 of 2014 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Giridih, once in every four months till the disposal of this appeal.

9. I.A. No.1793 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S./