Jharkhand High Court
Rajesh Nayak vs The State Of Jharkhand on 25 November, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 43 of 2021
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Rajesh Nayak, aged about 38 years, Son of Gansu Nayak, Resident of
village- Dundigarha, P.O - Dundigara , P.S. Dhurwa, Distt. Ranchi /
Jharkhand
... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Naveen Kr. Jaiswal, Advocate
For the State : Mr. Bhola Nath Ojha, Spl. P.P.
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th
Order No. 05 / Dated: 25 November, 2024
IA No.12488 of 2024
The instant interlocutory application has been filed for provisional
bail in connection with S.T. Case No.564 of 2015 arising out of Dhurwa
(Tupudana) P.S. Case No.241 of 2014 which corresponds to G.R. Case
No.6195 of 2014 against the judgment of conviction dated 19.10.2020
and order of sentence dated 21.10.2020 by learned Additional Judicial
Commissioner-II, Ranchi whereby and whereunder the appellant has
been convicted under Section 302/34 of IPC and under Section 27 of
Arms Act and sentenced to undergo R.I. for life with a fine of
Rs.50,000/- and in default of payment of fine further directed to undergo
S.I. for one year under Section 302/34 of IPC. The appellant further
sentenced to undergo R.I. for three years together with a fine of
Rs.5,000/- for offence punishable u/s 27 Arms Act and in case of default
in payment of fine he had directed to undergo further S.I. for one month
and both the sentences were directed to run concurrently.
2. The learned counsel for the appellant has submitted that he is
desirous to attend the last rites of his mother who has died on 19.11.2024
and as such the present application has been filed.
3. This matter has been heard.
4. Mr. Bhola Nath Ojha, learned Special Public Prosecutor has
submitted that he has received instruction from the Officer-in-Charge,
Tupudana, O.P. Ranchi with respect to the veracity of the death of the
mother of the appellant. It has been submitted by referring
communication dated 25.11.2024 issued under the signature of the
Officer-in-Charge, Tupudana, O.P. Ranchi who has confirmed that the
mother of the appellant has died.
5. It has been submitted that last rites will be concluded on
01.12.2024.
6. This Court considering the fact that the last rites will be concluded
on 01.12.2024 is of the view that the interlocutory application needs to
be allowed and the appellant may be released on provisional bail by
suspending the sentence for a period of 10 days.
7. Considering the said fact, the instant interlocutory application
I.A.12488 of 2024 is hereby allowed.
8. The appellant is directed to be released on provisional bail till
06.12.2024, on furnishing bail bond of Rs.10,000/- (Ten Thousand only)
with two sureties of the like amount each to the satisfaction of learned
Additional Judicial Commissioner-II, Ranchi in S.T. Case No.564 of
2015 arising out of Dhurwa (Tupudana) P.S. Case No.241 of 2014 which
corresponds to G.R. Case No.6195 of 2014.
9. The appellant is directed to surrender before the court below on or
before 10.12.2024 and the surrender certificate be filed before this Court
by way of an affidavit on or before the next date of listing.
10. Let this matter be listed on 11th December, 2024.
11. Let a copy of the communication dated 25.11.2024 placed by
learned Spl. P.P. be kept on record.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Basant/S.Das
2 Cr. Appeal (D.B.) No. 43 of 2021
