Chandu Pahariya vs The State Of Jharkhand
2024 Latest Caselaw 9282 Jhar

Jharkhand High Court

Chandu Pahariya vs The State Of Jharkhand on 17 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
        Criminal Appeal (D.B.) No.969 of 2024
                           -------
   Chandu Pahariya.                            ... ... Appellant
                              Versus
   The State of Jharkhand.                    ... ... Respondent
                           ------
         CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant : Mr. Pratiush Lala, Advocate Mr. Deepak Sahu, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P.

------

03/ 17.09.2024

I.A. No.7713 of 2024

This Interlocutory Application has been filed by

the appellant praying therein to suspend the sentence and

release him on bail during pendency of this appeal.

2. The appellant has been convicted and sentenced

in connection with Sessions Trial No.47 of 2021. He has been

convicted for the offence under Section 302 of the Indian

Penal Code and was sentenced to undergo rigorous

imprisonment for life for offence under Section 302 of the

Indian Penal Code with fine of Rs.10,000/-.

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. Admittedly, there is no eye witness to the said

occurrence. The entire conviction is based on the statement

of P.W.-10 but the P.W.-10 was also not examined by the

Investigating Officer. There is no statement of this witness

under Section 161 Cr.P.C.

6. Considering the aforesaid fact, we are inclined to

release this appellant on bail.

7. Accordingly, upon suspending the sentence, the

appellant is directed to be released on bail during the

pendency of this appeal, on furnishing bail bonds of

Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

like amount each to the satisfaction of the learned Additional

Sessions Judge-I, Sahibganj, in Sessions Trial No.47 of 2021,

with a condition that the appellant shall appear and mark his

attendance before the Registrar, Civil Court, Sahibganj, once

in every four months till the disposal of this Appeal.

8. This interlocutory application is, accordingly,

allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Prashant Cp-02