Jharkhand High Court
Raju Kr. Yadav @ Raju Yadav vs The State Of Jharkhand on 11 June, 2024
Author: Subhash Chand
Bench: Ananda Sen, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No.367 of 2024
Raju Kr. Yadav @ Raju Yadav ... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
......
Cr. Appeal (D.B.) No.370 of 2024
Vikas Kr. @ Bikash Yadav @ Vikash Kumar ... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
......
Cr. Appeal (D.B.) No.374 of 2024
Danish Khan @ Md. Danish ... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
CORAM : SRI ANANDA SEN, J.
SRI SUBHASH CHAND, J.
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For the Appellant(s) : Mr. B.M. Tripathi, Sr. Advocate
Mr. Naveen Kr. Jaiswal, Advocate
For the State : Mr. Vishwanath Roy, Spl.P.P.
Mr. Pankaj Kumar, P.P.
Mr. Vineet Kr. Vashistha, Spl. P.P.P.
.........
03 /11.06.2024: I.A. No.4856 of 2024 in Cr. Appeal (D.B.) No.367 of 2024
I.A. No.4854 of 2024 in Cr. Appeal (D.B.) No.370 of 2024
I.A. No.4855 of 2024 in Cr. Appeal (D.B.) No.374 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 and sentenced under
Sections 341/34, 323/34, 504/34, 307/34, 302/34 of IPC in
connection with Sessions Trial Case No.130 of 2023 with Sessions
Trial Case No.303 of 2023, arising out of Chas P.S. Case No.1 of
2023, corresponding to G.R. No.378 of 2023. He has been sentenced
to undergo rigorous imprisonment for life and a fine of Rs.10,000/-
for the offence under Section 302/34 of IPC along with other
sentences.
3. Heard, the learned Senior 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. P.W.-3 and P.W.-4 is supposed to be the eye witness of the
occurrence. After going through their evidence, we find that they
have not taken the name of these appellant. They have also not
stated that these appellants have given any fatal blow on the
person of the deceased.
6. Considering the aforesaid evidence of P.W.-3 and P.W.-4, we
are inclined to allow these interlocutory applications. Accordingly,
upon suspending the sentence, the appellants, namely, Raju Kr.
Yadav @ Raju Yadav, Vikas Kr. @ Bikash Yadav @ Vikash Kumar
and Danish Khan @ Md. Danish 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-cum- Special Judge (Crime against women), Bokaro, in
connection with Sessions Trial Case No.130 of 2023 with Sessions
Trial Case No.303 of 2023, arising out of Chas P.S. Case No.1 of
2023, corresponding to G.R. No.378 of 2023 with a condition that
the appellants shall appear and mark their attendance before the
Registrar, Civil Court, Bokaro, once in every four months till the
disposal of these appeals.
7. I.A. No.4856 of 2024 in Cr. Appeal (D.B.) No.367 of 2024, I.A.
No.4854 of 2024 in Cr. Appeal (D.B.) No.370 of 2024 and I.A.
No.4855 of 2024 in Cr. Appeal (D.B.) No.374 of 2024 stand allowed.
(ANANDA SEN, J.)
(SUBHASH CHAND, J.)
R.S./
