Bimal Ba vs The State Of Jharkhand
2024 Latest Caselaw 8769 Jhar

Jharkhand High Court

Bimal Ba 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
                      Criminal Appeal (D.B.) No. 1850 of 2023

           Bimal Ba                                             ...... Appellant(s)
                                 Versus
           The State of Jharkhand                           ......Respondent(s)
                                      With
                      Criminal Appeal (D.B.) No. 373 of 2024

           Ashok Kullu                                          ...... 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. Akhouri Awinash Kumar, Advocate.

           For the State           : Ms. Mahua Palit, A.P.P.
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I.A. No. 2918 of 2024 in Cr.A. (DB)No. 1850 of 2023

05/03.09.2024: This interlocutory application has been filed by the appellant praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been been convicted in connection with S.T. Case No. 311 of 2019 for the offence under Section(s) 302 and 201/34 of the Indian Penal Code. He has been sentenced to undergo imprisonment for life and fine of Rs.20,000/- under Section 302/34 of the Indian Penal Code and another sentence for the another offence.

3. Heard the learned counsel for the appellant and learned A.P.P 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. After hearing the parties and going through the deposition of the witnesses, we find that admittedly there is no eye witness of the said occurrence. The entire case is based on the circumstantial evidence. The circumstances, which are against this appellant is that it is stated that the deceased was in the company of this appellant and others. The deceased was called from his house by P.W. 7, thereafter P.Ws. 7 and others returned and the deceased remained with this appellant and others. The dead body was found on the next day near the bank of the river. On joint disclosure, a bamboo was recovered and as per the prosecution, the said bamboo was the murder weapon, but from the evidence of the Doctor, we find that there were multiple injuries which were caused by sharp cutting weapon as there are incised wound on the left side of mandible with bleeding.

6. Considering the aforesaid nature of evidence, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, above named, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Addl. Sessions Judge- II, Gumla in connection with S.T. Case No. 311/2019, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Gumla, once in every four months till the disposal of this appeal.

7. Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anu/-Cp-3