Jharkhand High Court
Basmati Devi vs The State Of Jharkhand on 2 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.703 of 2024
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1.Basmati Devi, W/o Ramchandra Yadav
2.Durgesh Yadav @ Satyendra Yadav, S/o Ramchandra Yadav
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
WITH
Criminal Appeal (D.B.) No.698 of 2024
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Ramchandra Yadav, S/o Ukhmaji Yadav
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
WITH
Criminal Appeal (D.B.) No.704 of 2024
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Gudan Yadav @ Sant Yadav, S/o Ramchandra Yadav
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
WITH
Criminal Appeal (D.B.) No.808 of 2024
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Sunita Devi, W/o Kamlesh Yadav @ Lalu Yadav
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
........
CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr. R.S. Mazumdar, Advocate
Mrs. Jasvindar Mazumdar, Advocate
Mr. Naveen Kumar, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
Mr. Abhay Kr. Tiwari, A.P.P.
For the Informant : Mr. Ashok Kumar, Advocate
.........
04 /02.09.2024: I.A. No.8337 of 2024 in Cr. Appeal (D.B.) No.703 of 2024
I.A. No.8633 of 2024 in Cr. Appeal (D.B.) No.698 of 2024
I.A. No.8337 of 2024 has been filed by the appellant No.1
(in Cr. Appeal (D.B.) No.703 of 2024), praying therein to suspend
the sentence and release her on bail during the pendency of this
appeal and also I.A. No.8633 of 2024 has been filed by the
appellant (in Cr. Appeal (D.B.) No.698 of 2024), praying therein
to suspend the sentence and release him on bail during the
pendency of this appeal.
2. The appellants have been convicted for the offence under
Section 302/34, 307/34, 504/34 and 341/34 of IPC in connection
with Sessions Trial No.32 of 2017. They have been sentenced to
undergo rigorous imprisonment for life with a fine of Rs.20,000/-
each for the offence under Section 302 of IPC along with other
sentences for other offences.
3. Heard, learned Senior counsel for the appellants, 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. Opportunity was given to the State and informant to
oppose the bail, which they availed and opposed.
5. Parties are related to each other. There is allegation that as
the cow of the deceased had graze the crops of the accused
persons, an altercation had taken place. The injured witness is
P.W.-15. P.W.-15 in paragraph 7 has given vivid description of
the occurrence. She stated that Awadhesh Yadav has assaulted
the deceased. There is no allegation of giving assault upon the
deceased by the appellant No.1 in Cr. Appeal (D.B.) No.703 of
2024.
6. Further, there is no such allegation against Ramchandra
Yadav of giving fatal blow though from the evidence, we find
that it is Awadesh Yadav, who with the sabal (iron rod) had
assaulted the deceased.
7. Considering the statement of eye witness (P.W.-15)
specially paragraphs 7 and 8, we are inclined to allow these
interlocutory applications. Accordingly, upon suspending the
sentence, the appellants, namely, Basmati Devi [Cr. Appeal
(D.B.) No.703 of 2024] and Ramchandra Yadav [Cr. Appeal (D.B.)
No.698 of 2024] are directed to be released on bail during the
pendency of these appeals, on furnishing bail bonds of
Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge,
Garhwa in connection with Sessions Trial Case No.32 of 2017
with a condition that the appellants shall appear and mark their
attendance before the Registrar, Civil Court, Garhwa, once in
every four months till the disposal of these appeals.
8. Accordingly, I.A. No.8337 of 2024 & I.A. No.8633 of 2024
stand allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
