Kamal Mahato vs The State Of Jharkhand
2024 Latest Caselaw 9262 Jhar

Jharkhand High Court

Kamal Mahato 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.1471 of 2023
                                      -----
           1.Kamal Mahato, S/o Late Bishu Mahato
           2.Madan Nayak, S/o Late Meghnath Nayak
           3.Atul Mahali, S/o Shyamlal Mahali
           4.Mahesh Mahali, S/o Ashok Mahali
           5.Vikram Mandal @ Bikram Mandal, S/o Bhimsen Mandal
           6.Chamu Nayak, S/o Late Lagan Nayak @ Lagen Nayak
           7.Prem Chand Mahali, S/o Late Dhanu Mahali
           8.Sunamo Pradhan @ Sonamo Pradhan @ Sanamo Pradhan, S/o
           Alin Pradhan
           9.Bhimsen Mandal, S/o Late Damu Mandal
           All are residents of Village- Dhatkidih, P.O. Burudih, P.S. Seraikella,
           District- Seraikella- Kharsawan                     ....Appellant(s).
                                      Versus
           The State of Jharkhand                              .... Respondent(s).
                                      WITH
                         Criminal Appeal (D.B.) No.1364 of 2023
                                      -----
           Prakash Mandal @ Pappu Mandal, S/o Ram Chandra Mandal, R/o
           Village- Dhatkidih, P.O. & P.S. Seraikella, Dist.- Seraikella-
           Kharsawan                                           ....Appellant(s).
                                      Versus
           The State of Jharkhand & Anr.                       .... Respondent(s).
                                      ........
           CORAM         :      SRI ANANDA SEN, J.

SRI SUBHASH CHAND, J.

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For the Appellant(s) : Mr. A.K. Sahani, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. For the Informant : Mr. A. Allam, Sr. Advocate Ms. Sushmita Kumari, Advocate .........

10 /13.09.2024: I.A. No.7950 of 2024 in Cr. Appeal (D.B.) No.1471 of 2023 This interlocutory application has been filed by the appellant No.1- Kamal Mahato, 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 304 Part-I, 325, 341, 323, 323 and 295-A of IPC read with Sections 149 and 147 of IPC, in connection with Sessions Trial No.193 of 2019. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 15,000/- for the offence under Sections 304 Part-I of IPC along with other sentences.

3. Heard, learned counsel for the appellant, learned A.P.P. for the State and learned Sr. 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. It is the case of mob lynching where the deceased was lynched by hundreds. This appellant was one of them as P.W.- 14 at para 4, P.W.-33 at para-20, P.W.-34 at para 6 has taken the name of this appellant, who was present there.

6. The Hon'ble Supreme Court in the latest judgment in the case of Naresh @ Nehru vs. State of Haryana, reported in (2023) 10 SCC 134 held that, even if no overt act is imputed to the accused, the presence of the accused as part of the unlawful assembly is sufficient for conviction.

7. Thus, we are not inclined to release the appellant on bail.

8. Accordingly, I.A. No.7950 of 2024 stands dismissed.

(ANANDA SEN, J.)

(SUBHASH CHAND, J.) R.S.