Lalit Mahto @ Lalit Prasad Dangi @ Lalit ... vs The State Of Jharkhand
2024 Latest Caselaw 10108 Jhar

Jharkhand High Court

Lalit Mahto @ Lalit Prasad Dangi @ Lalit ... vs The State Of Jharkhand on 22 October, 2024

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay, Ambuj Nath

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. Appeal (DB) No. 478 of 2022

              Lalit Mahto @ Lalit Prasad Dangi @ Lalit Dangi--- ---       Appellant
                                                Versus
              The State of Jharkhand                   ---           ---  Respondent
                                                      ---

CORAM: Hon'ble Mr. Justice Rongon Mukhopadhyay Hon'ble Mr. Justice Ambuj Nath

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For the Appellant: Mr. A.K. Kashyap, Sr. Advocate For the Resp.-State: Mr. Vineet Kr. Vashistha, Special P.P. For the Informant: M/s Abhishek Krishna Gupta, Neha Agrawal, Advocates

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I.A. No. 6983 of 2023

07 / 22.10.2024 Heard Mr. A.K. Kashyap, learned counsel for the appellant and Mr. Vineet Kumar Vashistha, learned Special P.P and Mr. Abhishek Krishna Gupta, learned counsel for the Informant.

The prayer for bail of the appellant was earlier rejected in I.A. No. 5893 of 2022.

It has been submitted by the learned senior counsel for the appellant that there are no eyewitnesses to the occurrence and the implication of the appellant seems to be on the basis of purported dying declaration of the deceased. It has further been submitted that the appellant is in custody for about six and half years.

Mr. Gupta, learned counsel for the Informant has opposed the prayer for bail of the appellant and submitted that conduct of the appellant indicates that on the date of the judgment, he had fled away and he was apprehended after about two years. It has further been submitted that the appellant has been implicated on the oral dying declaration of the deceased.

In view of the fact that the said dying declaration has not been corroborated by any of the witnesses, we are inclined to admit the appellant on bail. Accordingly, during the pendency of this appeal, appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act, Hazaribag in Sessions Trial No. 426 of 2009 arising out of Barkagaon P.S. Case No. 49 of 2009 corresponding to G.R. No. 1102 of 2009.

Aforesaid I.A. stands allowed and disposed of.

(Rongon Mukhopadhyay, J)

(Ambuj Nath, J) Ranjeet/