Navin Kumar vs The State Of Jharkhand
2024 Latest Caselaw 9341 Jhar

Jharkhand High Court

Navin Kumar vs The State Of Jharkhand on 19 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Criminal Appeal (D.B.) No.658 of 2024
                                    -----
           Navin Kumar, S/o Shri Bishundhari Prasad Yadav, R/o Village-
           Pokhardiha, Satgawan, Dist- Koderma              ....Appellant(s).
                                    Versus
           The State of Jharkhand                          .... Respondent(s).
                                    WITH
                       Criminal Appeal (D.B.) No.600 of 2019
                                    -----
           Suma Devi, W/o Sri Vishundhari Prasad Yadav, R/o Pokhardiha, P.O.
           & P.S. Satgawan, District- Koderma               ....Appellant(s).
                                    Versus
           The State of Jharkhand                          .... Respondent(s)
                                    WITH
                       Criminal Appeal (D.B.) No.1258 of 2019
                                    -----
           Vishundhari Prasad Yadav, S/o Late Jitan Mahto, R/o Village-
           Pokhardiha, P.O. & P.S. Satgawan, District- Koderma
                                                            ....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. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P. .........

07 /19.09.2024: I.A. No.5197 of 2024 in Cr. Appeal (D.B.) No.658 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, 323, 324, 341, 504 of IPC read with Section 34 of IPC, in connection with S.T. No.198 of 2021. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 20,000/- for the offence under Sections 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. We have gone through the evidence. On the exactly similar evidence, father and mother of this appellant have been granted bail after suspending their sentence in Cr. Appeal (D.B.) No.600 of 2019 and in Cr. Appeal (D.B.) No.1258 of 2019 passed by Co- ordinate Bench of this Court. The allegation against this appellant and father and mother are similar in nature.

6. Considering the fact that similarly situated, co-convicts have already been released on bail. Accordingly, upon suspending the sentence, the appellant, namely, Navin Kumar 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 Sessions Judge-II, Koderma in connection with S.T. No.198 of 2021 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Koderma, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.5197 of 2024 stands allowed.

(ANANDA SEN, J.)

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