Marshila Hembrom vs The State Of Jharkhand
2025 Latest Caselaw 2202 Jhar

Jharkhand High Court

Marshila Hembrom vs The State Of Jharkhand on 7 August, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (S.J) No. 49 of 2024
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Marshila Hembrom ......Appellant Versus The State of Jharkhand ......Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Mahesh Tewari, Advocate For the State : Mr. Shailesh Kumar Sinha, A.P.P

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Order No: 05/ Dated: 07.08.2025 I.A No. 788 of 2025

2. I.A No. 788 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 89 days in filing this Criminal Appeal.

3. Having heard learned counsel for both the sides and in view of the averments made in Paragraph Nos. 6 to 9 of I.A No. 788 of 2025 and also considering the fact that the appellant is a lady and taking lenient view, the delay of 89 days in filing this Criminal Appeal is, hereby, condoned.

4. Thus, I.A No. 788 of 2025 is allowed and stands disposed of.

5. I.A No. 789 of 2025 has been filed on behalf of the appellant seeking exemption from surrender/confirmation of provisional bail granted to the appellant.

6. It appears the vide judgment of conviction and sentence dated 04.09.2023, the appellant was convicted for the offences under Section 323/34, 325/34, 341/34 and 448/34 of I.P.C and sentenced to undergo R.I for six (06) months, R.I for two (02) months and to pay the fine of Rs. 20,000/-, S.I for one (01) month and R.I for six (06) months respectively. However, it is not clear

as to whether the appellant has been released on provisional bail by the learned Trial Court below or not?

7. Call for the custody report of the appellant from the Jail Superintendent, Pakur forthwith.

8. Call for also report from the learned Additional Sessions Judge-I, Pakur as to whether any order was passed with regard to grant of provisional bail to the appellant or not?

9. Put up this case on 13th August 2025 within first five cases.

10. Let a copy of this order be sent to the learned Court below and be also handed over to the learned counsel for the State for the needful.

(Sanjay Prasad, J.) Avinash/