Rattu Pal vs The State Of Jharkhand
2024 Latest Caselaw 9257 Jhar

Jharkhand High Court

Rattu Pal vs The State Of Jharkhand on 13 September, 2024

Author: Subhash Chand

Bench: Ananda Sen, Subhash Chand

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No.2009 of 2023
                                     -----
           1.Rattu Pal, S/o Late Bhagi Pal
           2.Sanjay Pal, S/o Badan Pal
           3.Harihar Pal @ Hari Pal, S/o Late Bhagi Pal,
           all are R/o Village- Kusdhar Tola- Chheriyaha,
           P.O. & P.S- Nagar Untari, District-
           Garhwa, Jharkhand                                 ....Appellant(s).
                                     Versus
           The State of Jharkhand                            .... Respondent(s).
                                     WITH
                        Criminal Appeal (D.B.) No.2015 of 2023
                                     -----
           Upendra Pal, S/o Harihar Pal, R/o Village-
           Kusdhar Tola- Chheriyaha,
           P.O. & P.S- Nagar Untari, District-
           Garhwa, Jharkhand                                 ....Appellant(s).
                                     Versus
           The State of Jharkhand                            .... Respondent(s).
                                     ........
           CORAM        :       SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. For the Informant : Mr. Sanjay Kr. Pandey No.2, Advocate .........

09 /13.09.2024: I.A. No.3771 of 2024 in Cr. Appeal (D.B.) No.2009 of 2023 This interlocutory application has been filed by the appellant No.1- Rattu Pal, 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 Sections 147, 323/149, 302/149 of IPC, in connection with S.T Case No.197 of 2013. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 20,000/- for the offence under Sections 302/149 of IPC along with other sentences.

3. Heard, learned counsel for the appellant, learned A.P.P. for the State and learned counsel for the informant and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State and informant to oppose the bail, which they availed and opposed.

5. The application for suspension of sentence and release on bail of this appellant on the earlier occasion was not heard on merit, which is apparent of order dated 04.04.2024 because, when an adjournment was sought for, it was refused and the application was rejected.

6. We have heard the application on merit. We find that there is general and omnibus allegation of assaulting the deceased and others by the appellant. It was the appellant and others who were armed with lathi and danda. From the postmortem report, we find that there are two injuries on the head and others are bruises. Out of two injuries one is attributed to Upendra Pal and other one is attributed to the other accused as no specific overt act has been alleged.

7. Considering that the allegation is general and omnibus in nature and there was land dispute, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, appellant No.1- Rattu Pal 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 learned Additional Sessions Judge, Nagar Untari, Garhwa in connection with S.T Case No.197 of 2013 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Garhwa, once in every four months till the disposal of this appeal.

8. Accordingly, I.A. No. 3771 of 2024 stands allowed.

                                                (ANANDA SEN, J.)


R.S.                                           (SUBHASH CHAND, J.)