Santosh Yadav vs The State Of Jharkhand
2024 Latest Caselaw 9215 Jhar

Jharkhand High Court

Santosh Yadav vs The State Of Jharkhand on 12 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (D.B.) No. 397 of 2024

      Santosh Yadav, S/o Deban Yadav, R/o Village-Dhothwa,
      P.O and P.S.-Katkamsandi, Dist.-Hazaribag ......                ...... Appellant(s)
                                 Versus
      1. The State of Jharkhand
      2. Rajendra Yadav, S/o Late Sibal Yadav, R/o Village-Pitiz,
         P.O & P.S.-Itkhori, Dist.-Chatra          ......             ...... Respondent(s)

      CORAM          :   SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. A.K. Chaturvedi, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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05 /12.09.2024: I.A. No. 8778 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 under Sections 302 of IPC in connection with S.T. No. 28 of 2018. He has been sentenced to undergo Imprisonment for life and a fine of Rs.10,000/- for the offence under Section 302 of IPC.

3. Heard, learned counsel for the appellant 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. From the evidence we find that PW 2 is the witness who had seen this appellant standing with the stick next to the dead-body of the deceased which was blood stained. Further, the death had occurred in the room of this appellant.

6. Considering the evidence of PW 2 who is none but uncle of the appellant, we are not inclined to release the appellant on bail. Accordingly, I.A. No. 8778 of 2024 stands dismissed. If the appeal is not heard within a year, it will be open to the appellant to renew his prayer.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra