Ghana Lohra vs The State Of Jharkhand
2024 Latest Caselaw 9592 Jhar

Jharkhand High Court

Ghana Lohra vs The State Of Jharkhand on 24 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Criminal Appeal (D.B.) No. 1019 of 2024

           Ghana Lohra, son of Rampal Ganjhu, resident of village Kuriyagram, P.O
           and P.S. Sonahatu, District- Ranchi.                ...... Appellant(s)
                                  Versus
           The State of Jharkhand                              ......Respondent(s)
                                          ------
                 CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant(s) : Mr. Tarun Kr. Mahato, Advocate.

           For the State          : Mrs. Lily Sahay, A.P.P.
                                         ------
                            I.A. No. 9364 of 2024

05/24.09.2024:        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 been convicted in connection with Sessions Trial No. 410 of 2019 for the offence under Section(s) 148/149, 324/149 and 302/149 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/- and other sentences for the other offences.

3. Heard the learned counsel for the appellant and learned A.P.P 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. After hearing the parties and going through the deposition of eye witness No. 7 (Rudhan Devi) who is the mother of the deceased, we find that there is no specific allegation against this appellant. In paragraph 4, this witness has taken the name of Arjun Mahto and Nathan Lohra,who had assaulted the deceased.

6. Considering the evidence of the eye witness, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, above named, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Judicial Commissioner-XV, Ranchi in connection with S.T. Case No. 410 of 2019, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Ranchi, once in every four months till the disposal of this appeal.

7. Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anu/-Cp-3