Jharkhand High Court
Ganesh Mahto Aged About 30 Years Son Of ... vs The State Of Jharkhand on 3 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No.144 of 2024
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Ganesh Mahto aged about 30 years son of Vishnu Mahto @ Bishundev
Mahto resident of Village Gopda, PO and PS Keredari, 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. R.S. Mazumdar, Sr. Advocate
Mr. Nishant Roy, Advocate
For the State :- Mr. Nehala Sharmin, Advocate
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5/03.10.2024 Heard Mr. Mazumdar, the learned senior counsel for the appellant and
the learned counsel for the respondent State.
2. I.A. No. 5589 of 2024 has been filed for suspension of sentence during
pendency of the appeal.
3. Mr. R.S. Mazumdar, learned senior counsel for the appellant submits that
appellant has been convicted by the judgment of conviction and order of
sentence dated 16.02.2024 by learned District and Additional Sessions Judge I,
Chatra in connection with Sessions Trial No.53 of 2022 arising out of Simariya
PS Case No.150 of 2021, and sentenced to undergo RI for 3 years along with
fine of Rs.5000/- under section 414 IPC and further sentenced to undergo
seven years RI and fine of Rs.5000/- under section 26(2) of Arms Act and
sentenced under other sections.
4. He submits that the appellant has remained in custody from
19.11.2021 to 24.02.2022 and thereafter he was on bail during trial and he was
further taken into custody on the date of judgment dated 07.02.2024. He draws
the attention of the Court to paragraph no.28 of the judgment and submits that
nothing was proved that has come with regard to the accused persons that they
have not committed criminal conspiracy against any of the victim person. He
submits that in view of that no arms has been recovered and only mobile phone
has been recovered from the possession of the appellant.
5. Learned counsel for the respondent State opposed the prayer on the
ground that half of the sentence has not been completed by the appellant.
6. Considering that the appellant has remained in custody for 19.11.2021 to
24.02.2022 and no arms has been recovered from the possession of the
appellant and in paragraph no.28 of the judgment of the learned court it has
come that it was not proved that the accused persons have committed criminal
conspiracy against any of the victim or person and in view of the same, I am
inclined to grant bail to the appellant.
7. Accordingly, the appellant- Ganesh 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 District and Additional Sessions Judge I, Chatra in
connection with Sessions Trial No.53 of 2022 arising out of Simariya PS Case
No.150 of 2021.
8. The instant I.A. meant for grant of bail stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
