Sunita Devi vs The State Of Jharkhand
2024 Latest Caselaw 4975 Jhar

Jharkhand High Court

Sunita Devi vs The State Of Jharkhand on 7 May, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Criminal Appeal (D.B.) No.141 of 2024
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              Sunita Devi, aged about 50 years, wife of late Raghunath Baraik,
              resident of Keriya Pahantoli, P.S. T. Tangar, P.O. and District
              Simdega.                                        ... ... Appellant.
                                          Versus
              The State of Jharkhand.                       ... ... Respondent.
                                            -----

                    CORAM        : SRI ANANDA SEN, J.

: SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mrs. Ritu Kumar, Advocate.

Mr. Samavesh Bhanj Deo, Advocate.

Mrs. Shatakshi, Advocate.

For the State : Mr. Pankaj Kumar Mishra, A.P.P.

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05/ 07.05.2024 I.A. No.1606 of 2024 This Interlocutory Application has been filed by the appellant

praying therein to suspend the sentence and release her on bail during

pendency of this appeal.

2. The appellant has been convicted and sentenced for offences

under Section 302 of the IPC in connection with Sessions Trial No.75 of

2018. She has been sentenced to undergo rigorous imprisonment for

life and fine of Rs.10,000/- and in default of payment of fine, she will

undergo simple imprisonment for further period of six months.

3. Heard, 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. After going through the records, we find that the entire case rests

on circumstantial evidence. The circumstance is that the body of the

informant's father was found lying on the veranda of the house of this

appellant. Further the appellant has alleged to have given extra judicial

confession before the informant stating that she had committed the

murder but this statement was made in presence of the police. Further

in para-8, the informant had stated that the day when she had seen the

dead body, there was no communication between her and the accused-

appellant.

6. Considering the aforesaid material available on record, we are

inclined to release the appellant on bail.

7. Accordingly, upon suspending the sentence, the appellant is

directed to be released on bail during the pendency of this appeal, on

furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

sureties of the like amount each to the satisfaction of the Sessions

Judge, Simdega in Sessions Trial No.75 of 2018 with a condition that

the appellant shall appear and mark her attendance before the

Registrar, Civil Court, Simdega, once in every four months till the

disposal of this Appeal.

8. The I.A. No.1606 of 2024 is accordingly, allowed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.)

Prashant/Cp-03.