Dulu Pradhan vs The State Of Jharkhand
2024 Latest Caselaw 4844 Jhar

Jharkhand High Court

Dulu Pradhan 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 AT RANCHI
                            Criminal Appeal (D.B.) No. 416 of 2017
                                               ------
            1. Dulu Pradhan
            2. Aditya Pradhan
            3. Lankeshwar Pradhan
            4. Dhanu Pradhan                                          ....... Appellant(s)
                                        Versus
               The State of Jharkhand                                 ........ Respondent
                                               With
                             Criminal Appeal (D.B.) No. 413 of 2017
                                               ------
            1. Nirantari Devi
            2. Janani Pradhan                                         ....... Appellant(s)
                                        Versus
               The State of Jharkhand                                 ........ Respondent
                                                ------
                      CORAM       : SRI ANANDA SEN, J.

: SRI SANJAY KUMAR DWIVEDI, J.

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               For the Appellant(s)     : Mr. Navneet Sahay, Advocate
                For the State           : A.P.P.
                                               ------

10/03.05.2024:             I.A. No.4354 of 2024 in Cr. Appeal 416 of 2017

This interlocutory application has been filed by appellant No.1- Dulu Pradhan and appellant No. 4- Dhanu Pradhan (Cr. Appeal No. 416 of 2017) praying therein to suspend the sentence and release them on bail during pendency of this appeal.

2. The appellants have been convicted and sentenced in connection with S.T. No. 121 of 2010, arising out of Chakradharpur P.S. Case No. 144 of 2009, for the offence under Section(s) 304B/34 of the Indian Penal Code. They have been sentenced to undergo rigorous imprisonment for 14 years for the offence under Sections 304B/34 IPC.

3. Heard the learned 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. After hearing the parties and going through the record and evidences, we find that appellant No. 1-Dulu Pradhan is almost in custody for ten years whereas appellant No. 4-Dhanu Pradhan is in custody for more than 8 years, though the sentence is of fourteen years.

6. Considering the fact that for a considerable period the appellants are in custody and there is no likelihood of this appeal being taken up for final hearing in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant No. 1- Dulu Pradhan and Appellant No. 4- Dhanu Pradhan are directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S.T. No. 121 of 2010, with a condition that the appellants shall appear and mark thier attendance before the Registrar, Civil Court, West Singhbhum at Chaibasa once in every four months till the disposal of this appeal.

7. This interlocutory application stands allowed.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.) Anu/-Cp-3