Ravi Khaware vs The State Of Jharkhand
2024 Latest Caselaw 4728 Jhar

Jharkhand High Court

Ravi Khaware vs The State Of Jharkhand on 1 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal (D.B.) No.1563 of 2022

           Ravi Khaware                                      ... 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. A.K. Kashyap, Sr. Advocate For the State : Mrs. Nehala Sharmin, A.P.P. .........

03 /01.05.2024: I.A. No.3633 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 under Section 302 of IPC in connection with Sessions Trial No.26 of 2020. He has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.2,00,000/- for the offence under Section 302 of IPC.

3. 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.

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

5. The conviction is based solely on the alleged dying declaration of the deceased, which was recorded as the fardbeyan. From the fardbeyan, we find that there is no certification of the Doctor to the effect that whether the deceased was in fit state of mind to give the statement. Admittedly, the statement was recorded in the hospital. There is no person who has been produced as a witness, who was either Doctor or the nurse of the hospital, who was treating the deceased. Though there is a pen drive, which allegedly recorded the statement of the deceased but the I.O. stated that the said material was not verified, nor the source of recording. Further there is no certificate under Section 65B of the Evidence Act.

6. Considering the aforesaid facts, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Ravi Khaware 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 Additional Sessions Judge-II, Deoghar in connection with Sessions Trial No.26 of 2020 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Deoghar, once in every four months till the disposal of this appeal.

7. I.A. No.3633 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S./