Soma Munda vs The State Of Jharkhand
2024 Latest Caselaw 9216 Jhar

Jharkhand High Court

Soma Munda 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. 977 of 2024

      Soma Munda, S/o Berga Munda, R/o Village-Muchiya Urikel,
      P.O & P.S.-Karra, Dist.-Khunti   ......         ...... 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. A.K. Kashyap, Sr. Advocate
                                Ms. Lina Shakti, Advocate
      For the State           : Mr. Vandana Bharti, A.P.P.
                              ------

04 /12.09.2024:      I.A. No. 9415 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 Section 302 of IPC in connection with S.T. No. 402 of 2007. He has been sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.20,000/- 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. Learned counsel for the appellant submits that the appellant was suffering from mental disorder as it has come in the FIR that he always used to chase anyone with intention to assault them.

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

6. From the evidence and the FIR, we find that this appellant gave a blow with rod on the head of the deceased and fled away. This appellant is in custody since three and half years. Prima facie, we do not find the action to be premeditated.

7. Considering the aforesaid facts and the fact that there is no likelihood of hearing of this appeal in near future, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, named above, is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khunti, in connection with S.T. No. 402 of 2007 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Khunti, once in every four months till the disposal of this appeal. I.A. No. 9415 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra