Shankar Gope vs The State Of Jharkhand
2024 Latest Caselaw 9283 Jhar

Jharkhand High Court

Shankar Gope 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.248 of 2023
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           Shankar Gope, S/o Ramjan Gope, R/o Village- Korkotoli, Memte, P.O.
           + P.S.- Raidih, Dist- Gumla                       ....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. K.S. Nanda, Advocate Mr. Nandan Prasad, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. .........

03 /17.09.2024: I.A. No.8437 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 for the offence under Sections 302 of IPC read with 34 of IPC 364 read with Section 34 of IPC, in connection with S.T. Case No.311 of 2018. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 50,000/- for the offence under Section 302/34 of IPC along with other sentences.

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. Learned counsel for the appellant submits that there is no material against this appellant, which is evident from the entire evidence. The only material, which is statement of P.W.-1 and P.W.-5, is that after father and mother of the informant was taken by the co-convict, co-convict and this appellant came to the house of the informant and had made an inquiry about the father of the informant, who earlier manage to flee.

6. We have gone through the evidence of P.W.-1 and P.W.-5 after going through the evidence, we find that the allegation is against Jagarnath Gope @ Bhakhru Gope, who had taken the deceased and father of the informant i.e. P.W.-5 to the forest, from where P.W.-5, manage to escape. P.W.-5 also gave a similar statement, thus from the statement, it is clear that this appellant was not present there.

7. Considering the aforesaid fact, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Shankar Gope 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 the learned Additional District Judge, Gumla in connection with Sessions Trial Case No.311 of 2018 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Gumla, once in every four months till the disposal of this appeal

8. Accordingly, I.A. No.8437 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.