Jharkhand High Court
Anandi Mahto 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.220 of 2024
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Anandi Mahto, age 52 years son of Hiru Mahto resident of Village
Gondalpura PO and PS Barkagaon District Hazaribagh
.... 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. A.K. Sahani, Advocate
For the State :- Mr. Suraj Deo Munda, Advocate
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5/01.10.2024 Heard the learned counsel for the appellant 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. 4723 of 2024 has been filed for suspension of sentence during
pendency of this appeal.
4. The learned counsel for the appellant submits that the appellant has
been convicted by the judgment dated 27.02.2024 and order of sentence dated
29.02.2024 passed by learned Sessions Judge, Hazaribagh in connection with
Sessions Trial No.203 of 2021, whereby he has been convicted under sections
323, 324, 341 and 307 of IPC and sentenced to undergo RI for 7 years with fine
of Rs.2000/- and in default thereof SI for 2 months under section 307 IPC, RI
for 3 years with fine of Rs.500/- with default stipulation of SI of 15 days under
section 324 of IPC, SI for 1 month with find of Rs.500/- with default stipulation
of SI of 15 days under section 341 IPC and RI for 1 year with fine of Rs.500/-
and in default thereof SI for 15 days for section 323 of IPC and all sentences
were directed to be run concurrently.
5. Learned counsel for the appellant submits that PW3 to PW6 have been
declared hostile who are independent witnesses/ villagers. He submits that the
appellant and the informant are own brothers when the said incident took place
1 Criminal Appeal (S.J.) No.220 of 2024
with regard to collection of mangoes from the tree. He submits that injury is
also not proved by the doctor who has examined the victim as he has left for
heavenly abode. He submits that there is no report of Sadar Hospital
Hazaribagh as well as RIMS however the statement is made by the PW2 who
has received injury that he was treated in Sadar Hospital Hazaribagh as well as
in the RIMS and he submits that the appellant has remained in custody since
27.02.2024 and he has been granted anticipatory bail during the trial.
6. Learned counsel for the respondent State opposed the prayer for bail on
the ground that injury is there.
7. Considering that the PW3 to PW6 have been declared hostile and PW2
has received injury and has stated about the treatment in Sadar Hospital
Hazaribagh and RIMS, however, there is no report to that effect and he is in
custody since, 27.02.2024, I am inclined to suspend the sentence of the
appellant, during pendency of this appeal.
8. Accordingly, the appellant- Anandi Mahto, is, hereby, directed to be
released on bail, during pendency of this appeal, on furnishing bail bond of
Rs.25,000/- (twenty five thousand) with two sureties of the like amount each,
to the satisfaction of learned Sessions Judge, Hazaribagh in connection with
Sessions Trial No.203 of 2021.
9. I.A. No. 4723 of 2024 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 Criminal Appeal (S.J.) No.220 of 2024
