Rushikant Kumhar @ Boglo vs The State Of Jharkhand
2024 Latest Caselaw 9683 Jhar

Jharkhand High Court

Rushikant Kumhar @ Boglo vs The State Of Jharkhand on 26 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No.109 of 2024

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Rushikant Kumhar @ Boglo, aged about 50 years son of Bithal Kumhar resident of Village Lakhimposi, PO and PS Kumardungi, District West Sinbhbhum .... Appellant(s)

-- Versus --

          The State of Jharkhand                   .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Anjani Kumar, Advocate For the State :- Mr. Rajneesh Vardhan, Advocate

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5/26.09.2024 Heard the learned counsel for the appellant and the learned counsel for

the respondent State.

2. This appeal is already admitted and the lower court records are on the

record.

3. I.A. No. 6966 of 2024 has been filed for suspension of sentence during

pendency of this appeal.

4. The learned counsel for the appellant submits that the appellant has

been convicted by the judgment of conviction and order of sentence dated

09.01.2024, respectively, passed by learned Sessions Judge, West Singhbhum

at Chaibasa in connection with S.T.Case No.103 of 2023, arising out of

Kumardhungi P.S. Case No.35 of 2022 and sentenced to undergo R.I for seven

years and fine of Rs.50,000/- for the offence punishable under section 304 Part-

II of the IPC and in default of payment of fine he shall undergo S.I for one year,

and both the sentences will run concurrently.

5. He further submits that the appellant has remained in custody for

about 2 years from 12.10.2022 to till date. He submits that initially the case

was registered under section 307 IPC however sentence has been passed under

section 304 Part II of the IPC. He further submits that the dead body of the

deceased was brought by his family members without conducting post mortem

1 Criminal Appeal (S.J.) No.109 of 2024 and thereafter dead body has been sent to RIMS and post mortem was

conducted on 27.10.2022. He submits that the said occurrence took place

between both the sides and both sides have received injury and the appellant

has also received injury.

6. Learned counsel for the respondent State opposed the prayer for bail on

the ground that half of the sentence has not been completed by the appellant

as yet.

7. Considering that the appellant has remained in custody for about two

years with effect from 12.10.2022 and the post mortem was conducted after 27

hours of the occurrence and the medical report further suggest that the

deceased was dead since 36 to 72 hours and further there was fight between

both the sides and the appellant has also received injury, I am inclined to

suspend the sentence of the appellant, during pendency of this appeal.

8. Accordingly, the appellant- Rushikant Kumhar @ Boglo, is, hereby,

directed to be released on bail, during pendency of this appeal, on furnishing

bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each, to the satisfaction of learned Sessions Judge, West Singhbhum at

Chaibasa in connection with S.T.Case No.103 of 2023, arising out of

Kumardhungi P.S. Case No.35 of 2022.

9. I.A. No. 6966 of 2024 stands disposed of.

( Sanjay Kumar Dwivedi, J.) SI/

2 Criminal Appeal (S.J.) No.109 of 2024