Jharkhand High Court
Bahadur Mandal S/O Medal Mandal vs The State Of Jharkhand on 18 November, 2024
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 444 of 2005
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1.Bahadur Mandal S/o Medal Mandal
2. Ladu Mandal @ Rajendra Mandal son of Late Mukhu Mandal
3. Birendra Mandal, S/o Late Mukhu Mandal
4. Ruplal Mandal S/o Medal Mandal
All resident of village-Nuniad, PS: Madhupur, District:
Deoghar. ......Appellants
Versus
The State of Jharkhand .......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Sanjay Kumar, Advocate
For the State : Mrs. Sweta Singh, A. P.P
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ORAL ORDER IN COURT
Order No: 18/ Dated: 18.11.2024
This Criminal Appeal has been filed on behalf of the
appellants namely Bahadur Mandal, Ladu Mandal @ Rajendra
Mandal, Birendra Mandal, Ruplal Mandal by challenging the
judgment of conviction and sentence dated 15.03.2005 passed in
Sessions Case No. 240- of 2004 by Sri Nalin Kumar, learned
Additional Sessions Judge (F.T.C No. Vth), Deoghar by which
the appellants have been held guilty for the offences under
Sections 323/34 and 341 of the I.P.C. However, they have been
ordered to be released upon execution and furnishing of bond of
probation of good conduct to keep the peace and maintain good
behavior for a period of one year under Section 4 of the
Probation of Offenders Act, 1958.
2. Learned counsel for the appellants has submitted that
the informant had instituted Madhupur P.S. Case No. 260/2002
under Sections 341, 224, 379, 323/34 and 341 of the I.P.C
against the appellants. It is submitted that the judgment of
conviction and order of sentence dated 15.03.2005 is illegal,
arbitrary and not sustainable in the eye of law. It is submitted
that this Appeal has become infructuous as the appellants have
filed probation bond of one year and one year has already
expired and hence, this Appeal has become infructuous.
3. On the other hand learned A.P.P for the State also
submitted that this Criminal Appeal has become infructuous as
the appellants have already furnished the probation bonds in the
light of impugned judgment and sentence passed by the learned
Court below.
4. Having heard learned counsel for both the sides, it
transpires that the appellants namely Bahadur Mandal, Ladu
Mandal @ Rajendra Mandal, Birendra Mandal, Ruplal Mandal
have been convicted for the offence under Section 323/34 and
341 of the I.P.C by the learned Trial Court below. However, they
have been directed to be released upon execution and furnishing
of their respective bonds of probation of good conduct to keep
the peace and maintain good behavior for a period of one year
under Section 4 of the Probation of Offenders Act, 1958.
Although, the learned Trial Court below has acquitted
the appellants for the offences under Sections 448, 380 and
436/34 of the I.P.C.
5. From perusal of the Lower Court Records, it reveals
that all the appellants have furnished their respective bonds on
15.03.2005 before the learned Court below after passing of the
impugned judgment of conviction and sentence by the learned
Trial Court.
6. It appears that more than nineteen (19) years have
expired and there is no complaint from either side.
7. Under the circumstances, this Criminal Appeal is
dismissed as having become infructuous and stands disposed of.
Let the original Lower Court Records be sent to the
Learned Court below at once.
(Sanjay Prasad, J.)
Avinash/
