Jharkhand High Court
Motay Hembrom vs The State Of Jharkhand on 21 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 437 of 2023
Motay Hembrom, aged about 46 years, son of Late Vikram Hembrom, R/o
Regrahatu, Tola Gosai, P.O. & P.S. Tonto, District- West Singhbhum
(Jharkhand) ... Appellant
-Versus-
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Ms. Swati Shalini, Amicus Curiae
For the State : Mr. Pankaj Kumar Mishra, A.P.P.
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06/21.10.2024 Ms. Swati Shalini, learned Amicus Curiae appearing for the appellant
submits that inadvertently the days of delay is typed as 111 in place of 311
days. She seeks permission to correct the same.
2. Permission is accorded. Let her do so.
3. Learned Amicus Curiae submits that I.A. No.4992 of 2024 has been
filed for condonation of delay of 311 days in filing the present criminal
appeal as the appellant was not in a position to prefer an appeal and she
has been asked to appear in the present case by the Secretary, Jharkhand
High Court Legal Services Committee, Ranchi on 04.05.2023 and, thereafter,
the appeal was presented.
4. Learned counsel for the State has got no serious objection if the delay
is condoned.
5. The Court finds that sufficient ground is made for condonation of
delay and, as such, the delay of 311 days in filing the present criminal
appeal is, hereby, condoned.
6. Accordingly, I.A. No.4992 of 2024 is disposed of.
7. Admit.
8. Call for the Trial Court Records.
9. I.A. No.3836 of 2024 has been filed for grant of bail and suspension
of sentence, during pendency of this criminal appeal.
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10. Learned Amicus Curiae submits that the appellant has been convicted
and sentenced to under R.I. for seven years for the offence under Section
307 of the IPC and fine amount of Rs.10,000/- and in default of payment of
fine, the appellant is further sentenced to undergo S.I. for six months in
connection with Sessions Trial Case No.213 of 2018, arising out of Tonto P.S.
Case No.12 of 2018 vide judgment of conviction and order of sentence
dated 24.06.2022 passed by the learned Sessions Judge, West Singhbhum,
Chaibasa. She submits that the sentence is of seven years and the appellant
has remained in custody for about four years and four months.
11. Learned counsel for the State opposed the prayer on the ground that
there are eye witnesses in the case and rightly the conviction has been
made.
12. Considering the period of custody of the appellant that he has
remained in custody for more than half of the sentence, during the
pendency of this criminal appeal, I am inclined to enlarge the above named
appellant on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge, West Singhbhum, Chaibasa in
connection with Sessions Trial Case No.213 of 2018, arising out of Tonto
P.S. Case No.12 of 2018.
13. Accordingly, I.A. No.3836 of 2024 is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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