Anil Kumar vs The State Of Jharkhand & Anr
2024 Latest Caselaw 6362 Jhar

Jharkhand High Court

Anil Kumar vs The State Of Jharkhand & Anr on 1 July, 2024

Author: Ananda Sen

Bench: Ananda Sen, Subhash Chand

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Appeal (D.B.) No. 452 of 2024
       Anil Kumar                        ....       .... Appellant
                         Versus
       The State of Jharkhand & Anr.      ....       .... Respondents
                           With
                 Cr. Appeal (D.B.) No. 563 of 2024
       Rinki Kumari                       ....       .... Appellant
                           Versus
       The State of Jharkhand             ....       .... Respondent
                           --------
       CORAM: SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

For the Appellants : Md. Zaid Ahmed, Advocate [in Cr. Appeal (D.B.) No. 452 of 2024] : Mr. Yogendra Yadav, Advocate [In Cr. Appeal (D.B.) No. 563 of 2024] For the State : Mrs. Shweta Singh, A.P.P. [In Cr. Appeal (D.B.) No. 452 of 2024] : Mr. Satish Prasad, A.P.P. [In Cr. Appeal (D.B.) No. 563 of 2024]

--------

05/ 01.07.2024 I.A. No. 5759 of 2024 in Cr. Appeal (D.B.) No.452 of 2024

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.

2. The appellant has been convicted and sentenced in

connection with S.T.No.91 of 2023, arising out of Mayurhand

P.S. Case No. 58 of 2022, for the offence under Section

302/34 of I.P.C. and under Section 25(1-B) a, 26(1) and 27(1)

of the Arms Act. He has been sentenced to undergo

imprisonment for life under Section 302 of I.P.C. amongst

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. After going through the records, we find that there is no

eye-witness to the said occurrence. The only material is that

there is suspicion that this appellant was having some illicit

relationship with the co-appellant-Rinki who happens to be

the daughter-in-law of the deceased. In fact, this appellant is

also not named in the F.I.R. and suspicion was not casted

upon him. Suspicion was casted upon some other persons but

they have not been charge-sheeted. The material which is

against the appellant is recovery of firearm at his instance

from a pond which allegedly said to be the murder weapon.

Prima facie there is no other evidence save and except this.

6. Considering the aforesaid facts, we are inclined to allow

this Interlocutory Application.

7. Accordingly, upon suspending the sentence, the

appellant, namely, Anil Kumar 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

learned Additional Sessions Judge-V, Chatra in S.T.No.91 of

2023, arising out of Mayurhand P.S. Case No. 58 of 2022 with

the condition that the appellant shall appear and mark his

attendance before the Registrar, Civil Court, Chatra once in

every four months till the disposal of this appeal.

8. Accordingly, this Interlocutory Application is allowed.

(Ananda Sen, J.)

(Subhash Chand, J.) P.K.S.