Jharkhand High Court
Hemant Tete vs The State Of Jharkhand on 23 April, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No.01 of 2025
1.Hemant Tete
2.Jyoti Tete ...... Appellants
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Gaurav, Advocate
For the State : Mr. Bishambhar Shastri, APP
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06/Dated: 23 April, 2025
I.A. No.11903 of 2024
This Criminal Appeal has been filed on behalf of the
appellant challenging the judgment of conviction dated
23.02.2024 and sentence dated 24.02.2024 passed in Sessions
Trial No.68 of 2022, arising out of T.Tangar P.S. Case No.05 of
2022, (G.R. No.79 of 2022) by Ms. Asha Devi Bhatt, learned
Additional Sessions Judge-I, Simdega by which the Appellant
No.1 Hemant Tete and Appellant No.2 namely Jyoti Tete along
with other co-accused have been convicted for the offences
under Sections 307/34, 323/34, 324/34, 325/34 of IPC and
Section 3 and Section 4 of Prevention of Witch (Daain)
Practices Act, 2001 and sentenced them to undergo R.I. for
seven (07) years each, R.I. for six (06) months each, R.I for one
(01) year each, R.I. for five (05) years each, R.I for three (03)
months each and R.I. for six (06) months each respectively.
2. I.A. No.11903 of 2024 has been filed on behalf of the
Appellant No.1-Hemant Tete and Appellant No.2- Jyoti Tete for
suspension of sentence and for grant of bail, during pendency of
the present Criminal Appeal.
3. Heard Mr. Gaurav, learned counsel for the appellants and
Mr. Bishambhar Shastri, learned APP for the State.
4. Learned counsel for the appellants submitted that
impugned judgment and sentence passed by the learned Court
below are illegal, arbitrary and not sustainable in the eye of law.
It is submitted that there is no specific allegation against the
appellants. It is submitted that the co-convict namely Amrit Tete
has been granted bail vide order dated 12.11.2024 passed in Cr.
Appeal (SJ) No.187 of 2024 by the Co-ordinate Bench (Hon'ble
Mr. Justice Sanjay Kumar Dwivedi) of this Court. It is
submitted that F.I.R has been lodged by P.W-2 who is son of the
informant but he had not seen the occurrence. It is further
submitted that the appellants have been in custody since
13.01.2022 i.e. for more than 3 years and 3 months and hence
appellants named above may be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer for
bail and submitted that the appellants have been named in the
F.I.R for causing grevious injury in the name of Diaan Bisahi
and she has sustained 25 % burn injury on four part of her body
including face. It is submitted that the appellants have
participated in the occurrence and hence prayer for bail of the
appellants may be rejected.
6. Perused the records of this case and considered the
submission of the parties and the order dated 12.11.2024 in Cr.
Appeal (SJ) No.187 of 2024 passed by the Co-ordiante Bench.
7. It appears from the evidence of P.W-1 that she has
identified the Appellant No.1-Hemant Tete along with one Sibu
and Florence for assaulting her but she has not named the
Appellant No.2.
8. It appears that other P.W-2 and P.W-3 have not stated
specific against Appellant No.2 namely Jyoti Tete.
9. Considering the fact that the co-convict namelyAmrit Tete
has been granted bail and also the Appellant No.2 namely Jyoti
Tete is lady, Appellant No.2 namely, Jyoti Tete is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/- (Ten
thousand only) with two sureties of the like amount each, to the
satisfaction of Ms. Asha Devi Bhatt, learned Additional
Sessions Judge-I, Simdega, in connection with Sessions Trial
No.68 of 2022, arising out of T.Tangar P.S. Case No.05 of 2022,
(G.R. No.79 of 2022).
10. The prayer of bail of the Appellant No.1 namely Hemant
Tete is rejected at this stage.
11. Thus, I.A. No.11903 of 2024 is allowed in part.
12. Office to issue notice to the informant by Speed Post with
A/D.
(Sanjay Prasad, J.)
Saket/-
