Deepak Kumar vs The State Of Jharkhand
2024 Latest Caselaw 9549 Jhar

Jharkhand High Court

Deepak Kumar vs The State Of Jharkhand on 23 September, 2024

Author: Ananda Sen

Bench: Ananda Sen

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Criminal Appeal (D.B.) No.477 of 2024
                                       -------

Deepak Kumar, aged about 29 years s/o late Deobalak Mahto, r/o Kachi Balihari, Near BCCL Hospital, PO & PS Putki, Dist. Dhanbad ... ... Appellant Versus

1. The State of Jharkhand

2. Sarita Devi, w/o Deobalak Mahto, r/o Kachi Balihari, Near BCCL Hospital, PO& PS Putki, Dhanbad` ... ... Respondents WITH Criminal Appeal (D.B.) No.352 of 2024

-------

Shubham Kumar, aged about 22 years s/o Indradeo Mahto, r/o village Kashmara, PO&PS Rupa, Dist. Nawada (Bihar) ... ... Appellant Versus The State of Jharkhand. ... ... Respondent WITH Criminal Appeal (D.B.) No.578 of 2024

-------

1. Vinay Kumar, aged about 24 years;

2. Vivek Kumar, aged about 22 years, both s/o Indradeo Mahto, r/o village Lohar PO Lohra PS Jamui, Dist. Jamui (Bihar) ... ... Appellants Versus The State of Jharkhand. ... ... Respondent For the Appellant(s) : Mr. Razaullah Ansari, Advocate For the State : Mr. Shailendra Kr. Tiwari, APP .........

06/23.09.2024:

I.A. No.9226 of 2024 in (Cr. Appeal (DB) No. 477 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. 453 of 2022, for the offence under Section 302, r/w 34, 201 & Section 120B of the IPC. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.20,000/- for offence under Section 302/34 of the IPC.

3. Heard, the learned counsel for the appellant(s) 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. There is no direct evidence to the occurrence. From the material this Court find that this appellant has confessed his guilt along with others and on his confessional statement murder weapons i.e knife was recovered. Knife was sent for FSL examination but the report did not reach. The other co- appellant namely Shubham Kumar has been granted bail in Cr. Appeal (DB) No. 352 of 2024.

6. Considering the aforesaid material and the fact that there is no likelihood of this appeal being heard in near future, we are inclined to allow this interlocutory application. 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 Additional Sessions Judge,-VI, Dhanbad in Sessions Trial No. 453 of 2022 with a condition that appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in every four months till the disposal of this appeal.

7. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anjali/- cp3