Citation : 2025 Latest Caselaw 4358 Jhar
Judgement Date : 30 June, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 445 of 2025
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1.Pachu Pal
2.Kamlesh Pal
3.Lav Pal ..... Appellants Versus
1.The State of Jharkhand
2.Dharmendra Saw ..... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Pankaj Srivastava, Advocate For the State : A.P.P.
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02/30.06.2025 This Criminal Appeal has been filed on behalf of the appellants challenging the judgment of conviction and sentence dated 28.04.2025, passed by the learned Sessions Judge, Garhwa in S.T. Case No. 178 of 2022, arising out of Garhwa P.S. Case No. 375 of 2021, corresponding to G.R. Case No. 508 of 2022 by which the appellants, namely Pachu Pal, Kamlesh Pal and Lav Pal have been convicted for the offence under Sections 341/34, 325/34 I.P.C. and sentenced to undergo R.I. for three years each and to pay the fine of Rs.25,000/- each to be paid to the three victims in equal proportions for the offence under Section 325/34 I.P.C.
2. The instant Interlocutory Application has been filed on behalf of the appellants under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for confirmation of Provisional Bail granted to the appellants vide order dated 28.04.2025 by the learned Sessions Judge, Garhwa in S.T. No. 178 of 2022, arising out of Garhwa P.S. Case No. 375 of 2021, corresponding to G.R. Case No. 508 of 2022.
3. It appears that the appellants were granted provisional bail by the learned Court below vide
order dated 28.04.2025 for Thirty (30) days, i.e. till 27.05.2025. Thereafter, the Provisional Bail of the appellants were extended till 26.06.2025 vide order dated 27.05.2025 passed by the learned Sessions Judge, Garhwa.
However, the appellants have filed this appeal on 06.05.2025 before this Court.
4. Accordingly, provisional bail granted to the appellants vide order dated 28.04.2025 and extended vide order dated 27.05.2025 by the learned Sessions Judge, Garhwa is confirmed, subject to the condition that the appellants pay 50% of the fine amount within two weeks from today, which will be paid to the victims by the learned Court below on proper identification.
5. I.A. No. 6758 of 2025 is allowed and stands disposed of.
Criminal Appeal (S.J.) No. 445 of 2025
6. Learned counsel for the appellants is directed to implead the Informant as Respondent No.2 in this case during course of the day.
7. Issue Notice upon the newly added Respondent No.2 by Registered Post with A/D and for which requisites etc. must be filed within Two weeks from today, failing which appeal shall stand dismissed without further reference to the Bench.
8. Admit.
9. Call for the legible scanned copy of the Lower Court Record from the learned Court below.
(Sanjay Prasad, J.) s.m.
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