Jharkhand High Court
Oshiyar Chero Aged 42 Years Son Of Sri Ram ... vs The State Of Jharkhand on 1 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Appeal (S.J.) No.232 of 2024
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1.Oshiyar Chero aged 42 years son of Sri Ram Ratan Singh
2.Mukul Chero @ Sukul Chero age 36 years son of Ramprit Chero
3.Nirpat Chero age 65 years son of late Ghura Chero
4.Manoj Chero age 32 years son of Somnath Chero
5.Gorakh Chero @ Mahipat Chero age 60 years son of Somnath Chero
6.Sukendra @ Sakendra Chero age 45 years son of Somnath Chero
All resident of village Parti Kuswani Tola Baghouta, PO and PS Ketar
District Gharwa. .... Appellant(s)
-- Versus --
The State of Jharkhand .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant(s) :- Mr. Sabyasanchi, Advocate
For the State :- Mrs Nehala Sharmin, Advocate
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6/01.10.2024 Heard the learned counsel for the appellants and the learned counsel for
the respondent State.
2. This appeal is already admitted and the lower court records are on the
record.
3. I.A. No. 9225 of 2024 has been filed for suspension of sentence during
pendency of this appeal.
4. The learned counsel for the appellants submits that the appellant has
been convicted by the judgment dated 13.03.2024 and order of sentence dated
15.03.2024 passed by learned Additional Sessions Judge, Nagar Untari, in
connection with Sessions Trial No.287 of 2013 and 287A/2013 arising out of
Bhawnathpur P.S. Case no.273 of 2012, G.R.Case No.2066 of 2012, whereby he
has been sentenced to undergo RI for five years and fine of Rs.2000/- under
section 307/14 IPC and in default of fine two months RI.
5. Learned counsel for the appellant submits that there are case and
counter case between both the parties and the appellant parties have instituted
a case bearing G.R.No.2067 of 2012 and there is land dispute between the
1 Criminal Appeal (S.J.) No.232 of 2024
parties as also there general and omnibus allegations against the appellants.
The appellants have remained in custody for nine months.
6. Learned counsel for the respondent State opposed the prayer for bail on
the ground that half of the sentence has not been completed by the appellants.
7. Considering that the appellants have completed nine months of the
sentence and there are land dispute between the parties and both the sides
have lodged the case against each other and there are general and omnibus
allegations against 22 persons, I am inclined to suspend the sentence of the
appellants, during pendency of this appeal.
8. Accordingly, appellant no.1-Oshiyar Chero, 2.Mukul Chero @ Sukul
Chero, 3.Nirpat Chero, 4.Manoj Chero, 5.Gorakh Chero @ Mahipat Chero and
6.Sukendra @ Sakendra Chero are, hereby, directed to be released on bail,
during pendency of this appeal, on furnishing bail bond of Rs.25,000/- (twenty
five thousand) each with two sureties of the like amount each, to the
satisfaction of learned Additional Sessions Judge, Nagar Untari, in connection
with Sessions Trial No.287 of 2013 and 287A/2013 arising out of Bhawnathpur
P.S. Case no.273 of 2012, G.R.Case No.2066 of 2012.
9. I.A. No.9225 of 2024 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 Criminal Appeal (S.J.) No.232 of 2024
