Jharkhand High Court
Rattu Pal vs The State Of Jharkhand on 30 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.2009 of 2023
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1. Rattu Pal
2. Sanjay Pal
3. Harihar Pal @ Hari Pal
... ... Appellants
Versus
The State of Jharkhand. ... ... Respondent
WITH
Criminal Appeal (D.B.) No.2015 of 2023
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Upendra Pal ... ... Appellant
Versus
The State of Jharkhand. ... ... Respondent
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CORAM : SRI ANANDA SEN, J.
: SRI SUBHASH CHAND, J.
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For the Appellant(s) : Mr. Sheo Kumar Singh, Advocate
For the State : Mr. Vishwanath Roy, Spl. P.P.
For the informant : Mr. Sanjay Kr. Pandey No.2, Advocate
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10/ 30.09.2024
I.A. No.10522 of 2024 in Criminal Appeal (D.B.) No.2009 of 2023
This Interlocutory Application has been filed by the
appellant No.2 - Sanjay Pal, praying therein to suspend the
sentence and release him on bail during pendency of this
appeal.
2. The appellant has been convicted and sentenced in
connection with Sessions Trial No.197 of 2013. He has been
convicted for the offences under Sections 147, 323/149,
302/149 of the IPC. He was sentenced to undergo rigorous
imprisonment for life with a fine of Rs.20,000/- under Section
302/149 of the IPC along with other sentences for other
offences.
3. Heard, learned counsel for the appellant, learned
A.P.P. for the State and learned counsel for the informant, and
have gone through the impugned judgment, the evidence and
the Trial Court Records.
4. Learned counsel representing the appellant submits
that the case of the appellant No.2 stands on similar footing to
that of co-accused namely Rattu Pal, who has been released on
bail by this Court vide order dated 13.09.2024 passed in I.A.
No.3771 of 2024. He submits that out of two injuries, one is
attributed to Upendra Pal and another is attributed to other
accused with no specific overt act.
5. Opportunity was given to the State and the
informant to oppose the bail, which they availed and opposed.
Learned A.P.P. for the State admits that the case of appellant
No.2 stands on similar footing to that of co-accused Rattu Pal.
Learned counsel representing the informant also submits that
all the persons have assaulted the deceased including this
appellant.
6. Considering the submission and order dated
13.09.2024 passed in I.A. No.3771 of 2024, since we find that
case of this appellant stands on similar footing to that of the
co-accused namely Rattu Pal, we are inclined to release the
appellant No.2 - Sanjay Pal, on bail.
7. Accordingly, upon suspending the sentence, the
appellant No.2 - Sanjay Pal, is directed to be released on
bail during the pendency of this appeal, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge, Nagar Untari, in Sessions Trial
No.197 of 2013, with a condition that the appellant shall
appear and mark his attendance before the Registrar, Civil
Court, Nagar Untari, once in every four months till the disposal
of this Appeal.
8. This interlocutory application is, accordingly,
allowed.
(ANANDA SEN, J.)
(SUBHASH CHAND, J.)
Prashant/Cp-03.
