Govardhan Mahto vs The State Of Jharkhand
2024 Latest Caselaw 8764 Jhar

Jharkhand High Court

Govardhan Mahto vs The State Of Jharkhand on 3 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No. 925 of 2024

      1. Govardhan Mahto
      2. Sunil Kumar Mahto, both S/o Late Haldhar Mahto ......             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. Manoj Kr. Sah, Advocate For the State : Mr. Pankaj Kumar, Public Prosecutor

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03 /03.09.2024: I.A. No. 6769 of 2024 This interlocutory application has been filed by the appellants, praying therein to suspend the sentence and release them on bail during the pendency of this appeal.

2. The appellants have been convicted under Sections 304/34, 323/34 and 341/34 of IPC and Section 8 of POCSO Act in connection with Special (POCSO) Case No. 11 of 2021 arising out of Pathargama P.S. Case No. 29 of 2018. They have been sentenced to undergo Rigorous Imprisonment for ten years and a fine of Rs. 10,000/- for the offence under Section 304 of IPC.

3. Heard, learned counsel for the appellants and learned counsel for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. This is an allegation against these appellants that they had assaulted the deceased.

The witnesses also supported the prosecution case and the genesis of occurrence is that these appellants were teasing and molesting the daughter of the informant which was protested and as a result of his protest, these appellants assaulted the deceased with bricks and stones as a result of which, he died after two days.

6. Considering the aforesaid nature of evidence, we are not inclined to release the appellants on bail.

Accordingly, I.A. No. 6769 of 2024 stands dismissed. It would be open for the appellants to pray for early hearing of the appeal.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra