Jharkhand High Court
Birendra Kumar Pathak vs The State Of Jharkhand on 8 May, 2025
Author: Sanjay Kumar Dwivedi
Bench: Ananda Sen, Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1323 of 2018
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Birendra Kumar Pathak, S/o Late Raj Kishore Pathak, R/o Dadar, P.O. +P.S.
Panki, District- Palamau
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
........
CORAM : SRI ANANDA SEN, J.
SRI SANJAY KUMAR DWIVEDI, J.
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For the Appellant(s) : Mr. Ganesh Pathak, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
.........
08 /08.05.2025: I.A. No.11638 of 2023
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 convicted for the offence under Sections 302 of
IPC in connection with S.T. Case No.400 of 2017. He has been sentenced to
undergo rigorous imprisonment for life with a fine of Rs.10,000/- for the
offence under Section 302 of IPC.
3. Heard, learned counsel for the appellant and learned A.P.P. for the
State and have gone through the impugned judgment, the evidence and the
Trial Court Records.
4. Learned counsel for the appellant submits that appellant is in custody
for more than eight years. It his contention that the case is based on
circumstantial evidence. Lastly submits that now the appellant is suffering
from several elements as left side of his body has nearly paralyzed and he
needs assistance for his daily routine and movement. He further submits
that the parivikar who are the brother of this appellant will take care of this
appellant. He refers to the supplementary affidavit wherein photographs
and other medical documents of RIMS have been annexed.
5. Learned counsel for the State opposes the bail and submits that save
and except this petitioner no one could have committed the murder as the
son of the petitioner is the main witness, who deposed against his father.
Further, the FSL report of the baniyan of the appellant and the knife which
was found next to the body of this wife and blood group matches. Learned
A.P.P. on instruction submits that the appellant is now in the jail hospital
and needs some help.
6. Considering the submission of learned counsel for the appellant and
the fact that the appellant is in custody for more than eight years and the
appellant is suffering from ailments and his movement has been restricted
and he needs help, we are inclined to allow this interlocutory application.
Accordingly, upon suspending the sentence, the appellant, namely, Birendra
Kumar Pathak is directed to be released on bail during the pendency of this
appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned Additional
Judicial Commissioner-XI, Ranchi in connection with S.T. Case No.400 of
2017 with a condition that one of the bailors should be his brother. Further
during pendency of this appeal this appellant shall appear and mark his
attendance before the Panki Police Station (Palamau), once in every six
months till the disposal of this appeal, with a further condition that
appellant will not part away with any of his landed property or his share in
the ancestral landed property.
7. A copy of this order be communicated to the Superintendent of Police,
Palamau and also to the Panki Police Station (Palamau).
8. Accordingly, I.A. No. 11638 of 2023 stands allowed.
(ANANDA SEN, J.)
(SANJAY KUMAR DWIVEDI, J.)
Tanuj/ R.S./
