Jharkhand High Court
Kali Turi vs The State Of Jharkhand on 1 May, 2024
Author: Ananda Sen
Bench: Ananda Sen, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 1788 of 2023
Kali Turi ..... ...... Appellant
Versus
The State of Jharkhand .... .... Respondent
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CORAM : SRI ANANDA SEN, J.
: SRI SUBHASH CHAND, J.
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For the Appellant : Mr. Ashwini Bhushan, Advocate
For the State : Mr. Shailendra Kumar Tiwari, Spl. P.P.
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06/01.05.2024 I.A. No.4193 of 2024
This interlocutory application has been filed by the appellant
praying therein to condone the delay of 351 days in preferring this appeal.
2. After going through the averments made in the interlocutory
application and upon hearing the parties, we are satisfied that sufficient
cause has been shown for condoning the delay caused in preferring this
appeal. We are inclined to allow this interlocutory application. Delay of 351
days in preferring this appeal is condoned.
3. This interlocutory application stands allowed.
4. This interlocutory application has been filed by the appellant
praying therein to release him on provisional bail during pendency of this
appeal.
5. The appellant has been convicted and sentenced in connection with
S.T. Case No. 25 of 2020 for the offence under Section 304-B, 498-A of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act. He has been
sentenced to undergo RI for 10 years for the offence under Section 304-B of
the I.P.C. amongst other sentences.
6. Heard the learned counsel for the appellant and learned Spl. P.P.
for the State and have gone through the impugned judgment, the evidence
and the Trial Court Records.
7. This appeal has been filed by the appellant through the Jharkhand
State Legal Services Authority. It has been informed to this Court by the
learned counsel who is representing the appellant that he has received
information from the Jharkhand State Legal Services Authority that the father
of this appellant had died on 24th April, 2024. He submits that he is also
receiving phone calls from the sister of the appellant about the aforesaid fact.
He also submits that considering the aforesaid situation this appellant may
be released on provisional bail for a period of two weeks.
8. Considering the submission, we are inclined to allow this
interlocutory application and grant provisional bail to the appellant--Kali
Turi for a period of two weeks.
9. Accordingly, the appellant, namely, Kali Turi is directed to be
released on provisional bail for a period of two weeks during the pendency
of this appeal, on furnishing bail bond of Rs.20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-II, Fast Track Court (Crime Against
Woman), Bermo at Tenughat subject to condition that one of bailors should
be the brother-in-law of the appellant, namely, Puran Turi and another
should be his close relative.
10. The appellant will surrender on 16th May, 2024 before the trial court
concerned and he will file an affidavit before this Court thereafter, annexing
a copy of the surrender certificate. Both these two bailors will give an
undertaking by filing affidavit before the trial court that they will ensure that
this appellant will surrender on 16th May, 2024, failing which they will also be
liable to be proceeded for non-compliance of the order of this Court.
11. Accordingly, this interlocutory application stands allowed.
12. Learned counsel for the appellant submits that he does not want to
press this interlocutory application.
13. In view of aforesaid submission, this interlocutory application is
dismissed as not pressed.
Criminal Appeal (D.B.) No. 1788 of 2023
14. List this case before an appropriate Vacation Bench only for the
purpose of recording the satisfaction of the surrender.
15. Let a copy of this order be communicated to the court concerned
through 'FAX'.
(ANANDA SEN, J.)
(SUBHASH CHAND, J.)
Rohit/Rashmi/-
