Mukesh Kumar Ojha vs The State Of Jharkhand
2024 Latest Caselaw 4843 Jhar

Jharkhand High Court

Mukesh Kumar Ojha vs The State Of Jharkhand on 3 May, 2024

Author: Sanjay Kumar Dwivedi

Bench: Ananda Sen, Sanjay Kumar Dwivedi

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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                    Criminal Appeal (D.B.) No. 36 of 2019
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      Mukesh Kumar Ojha                  .... Appellant(s)
                                 --     Versus --
      The State of Jharkhand                     .... Respondent
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     CORAM:         SRI ANANDA SEN, J.

SRI SANJAY KUMAR DWIVEDI, J.

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For the Appellant(s) :- Mr. A.K. Chaturvedi, Advocate For the State :- Mr. Bhola Nath Ojha, Spl.P.P.

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7/03.05.2024 I.A. No. 5937 of 2023

By way of filing this interlocutory application, the appellant

has renewed his prayer to suspend the sentence and release him on bail,

during pendency of this appeal.

2. The prayer of the appellant for bail was earlier rejected on

26.03.2019.

2. The appellant has been convicted and sentenced in

connection with Mandar P.S. Case No.16 of 2017, corresponding to G.R.

Case No.1359 of 2017 bearing its Sessions Trial Case No.393 of 2017 and

by order of conviction dated 30.11.2018 and sentence dated 03.12.2018

he has been sentenced for imprisonment for life and fine of Rs.10,000/-

and in default of fine further sentence of one year R.I. for the offence

under section(s) 302 of the Indian Penal Code.

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. It appears that the deceased is wife and the dead body has

been recovered from the house of the petitioner and the death was

unnatural. It is alleged that murder weapon was also recovered on the

confessional statement of the accused.

6. After going through the record and considering the above

facts we are not inclined to release the appellant, named above, on bail.

Accordingly, his prayer for bail is rejected.

7. I.A. No. 5937 of 2023 is dismissed.

8. However, the appellant is at liberty to file an application

praying therein for early hearing of this case.

( ANANDA SEN, J.)

( SANJAY KUMAR DWIVEDI, J.)

SI/