Phulwa Devi Aged About 35 Years vs The State Of Jharkhand
2024 Latest Caselaw 10565 Jhar

Jharkhand High Court

Phulwa Devi Aged About 35 Years vs The State Of Jharkhand on 21 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (SJ) No. 395 of 2024
         Phulwa Devi aged about 35 years, wife of Loknath Prasad @ Lokan
         Prasad, resident of village Jhurjhuri, P.O. and P.S. Barkattha, District-
         Hazaribag
                                                                  ..... Appellant
                              Versus
      The State of Jharkhand                               ...... Respondent
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      CORAM:       HON'BLE MR JUSTICE SANJAY KUMAR DWIVEDI, J.

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For the Appellant(s) :- Mr. Nilesh Kumar, Advocate

For the State : Mr. Ajay Kumar Pathak, A.P.P.

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I.A. No. 6474 of 2024 03/21.11.2024 Heard learned counsel for the appellant and learned counsel for the State.

2. This appeal is already admitted and Trial Court Record has been received.

3. I.A. No. 6474 of 2024 has been filed for suspension of sentence and release the appellant on bail, during the pendency of this appeal.

4. Learned counsel for the appellant submits that the appellant has been convicted by judgment dated 10.06.2024 and sentenced by order dated 12.06.2024 passed by the learned Additional Sessions Judge-VII, Hazaribag in S.T. 256 of 2017 (arising out of Barkatha P.S. Case No. 76 of 2015, corresponding to G.R. Case No. 3011/2015. He further submits that the appellant has been sentenced to undergo R.I. for seven years along with fine of Rs. 10,000/- for the offence under section 307 of I.P.C and in default the appellant was directed to undergo further six months R.I.

5. Learned counsel for the appellant submits that the appellant is in custody since 10.06.2024 from the date of conviction. By way of drawing attention of Exhibit-A which is certified copy of F.I.R. of Barkatha P.S. Case No. 75 of 2015, he submits that the informant side has been convicted in that case which was filed by the appellant side on the same day. He further submits that in the said case the informant side have been granted bail by the Coordinate Bench of this Court. He further submits that P.W.5 has admitted about the case registered by the

husband of the appellant.

6. Learned counsel for the State opposes the prayer and submits that the appellant has not completed half of the sentence.

7. Considering that the appellant is a lady, there is case and counter case between the parties, the appellant side has lodged Barkatha P.S. Case No. 75/2015 prior to lodging of the present case in which the informant side have been granted bail in Cr. Appeal (DB) No. 1029 of 2023 and Cr. Appeal (DB) No. 1016 of 2023, I am inclined to grant bail to the appellant. Accordingly, the above named appellant is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII, Hazaribag in S.T. 256 of 2017 (arising out of Barkatha P.S. Case No. 76 of 2015, corresponding to G.R. Case No. 3011/2015.

8. The aforesaid interlocutory application is allowed and disposed of.

( Sanjay Kumar Dwivedi, J) Satyarthi