Shankar Mahto vs The State Of Jharkhand
2024 Latest Caselaw 4732 Jhar

Jharkhand High Court

Shankar Mahto 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. 1377 of 2022
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           1.Shankar Mahto
           2.Dhaneshwar Mahto @ Dhanu Mahto
           3.Bhukhal Mahto @ Bhukhal Chandra Mahto
           4.Baikunth Mahto
           5.Dukhu Mahto
           6.Rakho Hari Mahto
           7.Lalu Mahto
           8.Haripad Mahto                                ... 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. R.S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P. For the Informant : Mr. Nisith Kumar Sahani, Advocate .........

05 /01.05.2024: I.A. No.3511 of 2024 This interlocutory application has been filed by the appellant Nos.1, 2, 3, 6, 7 and 8 praying therein to suspend the sentence and release them on bail during the pendency of this appeal.

2. The appellants have been convicted and sentenced in connection with Sessions Trial Case No.117 of 2020, arising out of Pindrajora P.S. Case No.118 of 2019 (corresponding to G.R. No.149 of 2020) for the offence under Sections 148/302/149 of IPC. They have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/- for the offence under Sections 302/149 of IPC along with other sentences.

3. Heard, the learned Senior counsel for the appellants, learned A.P.P. for the State and learned counsel for the informant 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. Because of the land dispute, the deceased was assaulted by all the accused persons. P.W.-1, P.W.-2 and P.W.-3 are eye witnesses. They had stated that it was Dukhu Mahto, who had assaulted the deceased on the head by back side of tangi. Dalmani Devi assaulted the deceased with brick and Baikunth Mahto by lathi and danda. The allegation against the others i.e. these appellants whose application is being considered by this Court is general and omnibus in nature.

6. Considering the general allegation against these appellants, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellants, namely, Shankar Mahto, Dhaneshwar Mahto @ Dhanu Mahto, Bhukhal Mahto @ Bhukhal Chandra Mahto, Rakho Hari Mahto, Lalu Mahto and Haripad Mahto are directed to be released on bail during the pendency of this appeal, 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.117 of 2020, arising out of Pindrajora P.S. Case No.118 of 2019 (corresponding to G.R. No.149 of 2020) 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 this appeal.

7. I.A. No.3511 of 2024 stands allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

R.S./