Bahadur Kumar Mahato @ Bahadur Mahato @ ... vs The State Of Jharkhand
2024 Latest Caselaw 4845 Jhar

Jharkhand High Court

Bahadur Kumar Mahato @ Bahadur Mahato @ ... 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. 593 of 2017
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            1. Bahadur Kumar Mahato @ Bahadur Mahato @ Bichka
               son of Late Kisto Mahato.
            2. Rajesh Kumar Mahato @ Chinivas Mahato son of
               Shri Amit Mahato                                   ....... 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. Mahavir Pd. Sinha, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P.

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15/03.05.2024: I.A. No.3634 of 2024 This interlocutory application has been filed by the appellants praying therein to re-consider their prayer for bail, during pendency of this appeal.

2. The appellants have been convicted and sentenced in connection with S.T. No. 66 of 2007, for the offence under Section(s) 364, 365, 302, 201 r/w 34 and 120B of the Indian Penal Code. They have been sentenced to undergo rigorous imprisonment for life and fine of Rs. 2000/- under Section 302/34 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 the appellants are in custody since 22.2.2017. It has been submitted that the appellants remained in custody for two years during the trial. Counsel for the appellants submits that there are two Bahadur Mahato, who are involved in this case, which is evident from the fardbeyan. On the confessional statement of Bahadur Mahato son of Bhuwan Chand Mahato, the dead body was recovered. He also submits that the statement of appellant No. 1- Bahadur Kumar Mahato son of late Kisto Mahato was recorded after the statement of Bahadur Mahato son of Bhuwan Chand Mahato was recorded.

6. Considering the period of custody of the appellants 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 appellants, named above, 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-IV, Bokaro in S.T. No. 66 of 2007, 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. This interlocutory application stands allowed.

(ANANDA SEN, J.)

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