Mahesh Verma @ Mahesh Prasad Verma vs The State Of Jharkhand
2024 Latest Caselaw 9172 Jhar

Jharkhand High Court

Mahesh Verma @ Mahesh Prasad Verma 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.559 of 2024
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           Mahesh Verma @ Mahesh Prasad Verma, son of Mahadev Mahto,
           aged about 28 years, resident of Manglo, PO and PS Jamua, District
           Giridih                                        ... 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. Kamdeo Pandey, Advocate For the State : Mr. Subodh Kumar Dubey, APP .........

07/11.09.2024: I.A. No.6817 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 304B of IPC in connection with Sessions Trial No.367 of 2021. He has been sentenced to undergo rigorous imprisonment for ten years for the offence under Section 304B 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 appellant has been convicted under section 304B of the Indian Penal Code. From the evidence of the witnesses specially PW3 and PW4, we find that it is alleged that the deceased was done to death and thereafter thrown in the well but this fact has not been supported by the medical evidence wherein the doctor has stated that the deceased died due to drowning. There were no other mark of injury on the person of the deceased.

6. Considering the aforesaid facts, we are inclined to allow this Interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Mahesh Verma @ Mahesh Prasad Verma 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 Additional Sessions Judge-IV, Giridih, in connection with Sessions Trial No.367 of 2021 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Giridih, once in every four months till the disposal of this appeal.

7. I.A. No.6817 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj/-