Mangal Sardar vs The State Of Jharkhand
2024 Latest Caselaw 9166 Jhar

Jharkhand High Court

Mangal Sardar vs The State Of Jharkhand on 11 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (D.B.) No.158 of 2024
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           Mangal Sardar, aged about 36 years, son of Ramesh Sardar, resident
           of Mouza Ghutusai, PO and PS Seraikella, District Seraikella
           Kharsawan                                     ... 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. Prabhat Singh, Advocate For the State : Mr. Sanjay Kumar Srivastava, APP .........

09 /11.09.2024: I.A. No.1762 of 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 convicted for the offence under Section 302/34 of IPC in connection with Sessions Trial No. 08 of 2019. He has been sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/- for the offence under Sections 302/34 of IPC.

3. Heard, learned counsel for the appellant and learned A.P.P. 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. The only witness in this case is PW3 the informant who stated that he had seen this appellant dragging the dead body of his brother towards his house and throwing the dead body there. This is the only material against this appellant.

6. Considering the aforesaid facts, we are inclined to allow this Interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Mangal Sardar is directed to be released on bail during the pendency of this appeal, on

furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Seraikella-Kharsawan, in connection with Sessions Trial No. 08 of 2019 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Seraikella-Kharswan, once in every four months till the disposal of this appeal.

7. I.A. No.1762 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj/-