Jharkhand High Court
Mohan Jha vs The State Of Jharkhand on 2 May, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.167 of 2025
....
1. Mohan Jha
2. Chandrakant Jha @ Chandrakishore Jha
3. Priti Devi ......Appellants
Versus
1. The State of Jharkhand
2. Ashok Kr. Jha ......Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Arvind Kr. Choudhary, Advocate
Ms. Vinita Prakash, Advocate
For the State : Mr. Rajneesh Vardhan, APP
......
Order No.03/02.05.2025
I.A. No.2195 of 2025
This Criminal Appeal has been filed on behalf of the
appellants by challenging the judgment of conviction and order of
sentence dated 10.02.2025 in S.T. Case No.118 of 2017 arising out
of Sarwan P.S. Case No.110 of 2016 passed by Sri Rajendra
Kumar Sinha, learned Additional Sessions Judge-III, Deoghar by
which the appellants have been convicted for the offences under
Sections 323/34, 342/34 and 307/34 and sentenced to undergo R.I.
for six (06) months and R.I. for six (06) months and R.I. for seven
(07) years respectively and to pay the fine of Rs.5000/-.
However, all the sentences have been directed to run
concurrently.
2. I.A. No.2195 of 2025 has been filed on behalf of all the
appellants for suspension of sentence and grant of bail during
pending of this appeal.
3. Learned counsel for the appellants submitted that the
impugned judgments and sentence passed by the learned Courts
below are illegal, arbitrary and not sustainable in eye of law. It is
submitted that there is general and omnibus allegations against
these appellants for assaulting the informant Mohan Jha and the
main allegations is levelled against one co-convict Amarnath Jha.
It is submitted that the appellants are in custody since 10.02.2025
and hence they may be enlarged on bail.
4. On the other hand, learned P.P. has opposed the prayer of
bail. It is submitted that the appellants alongwith said Amarnath
Jha were also present while the Informant was being assaulted. It is
submitted that the PW-1 namely Munni Kumar, PW-2 namely
Ashish Jha, PW-3 namely Basanti Devi and PW-4 namely Alok Jha
have also supported the case made by the appellants and Amarnath
Jha and hence the prayer for bail may be rejected.
5. Having heard learned counsel for both the sides and from
perusal of the records of this case, it appears from the FIR, there is
specific allegations against the co-convict Amarnath Jha for
inflicting injury on the neck of the Informant.
6. It further reveals from the evidence of PW-1 namely
Munni Kumari, PW-3 namely Basanti Devi, PW-4 namely Alok
Jha and PW-5 namely Ashok Kumar Jha that the appellants and
one Amarnath Jha had assaulted the injured Ashish Jha i.e. the
PW-2 by lathi danda and Farsa and they have also stated
specifically that Amarnath Jha had assaulted the injured Ashish Jha
i.e. the PW-2 by Farsa due to which he sustained injury on his
neck.
7. Considering the facts that there is specific allegation
against the co-convict Amarnath Jha.
There is general and omnibus allegations against the
appellant and on considering the facts and circumstances of this
case and the appellants namely Mohan Jha, Chandrakant Jha @
Chandrakishore Jha and Priti Devi are directed to be released on
bail on furnishing the bail bonds of Rs.15,000/- (Rs.Fifteen
thousand) with two sureties of the like amount each, to the
satisfaction of Sri Rajendra Kumar Sinha, learned Additional
Sessions Judge-III, Deoghar or his Successor Court in connection
with in S.T. Case No.118 of 2017 arising out of Sarwan P.S. Case
No.110 of 2016.
8. Thus, the I.A. No.2195 of 2025 is allowed and stands
disposed of.
9. Let a copy of this order be sent to the learned Court
below.
(Sanjay Prasad, J.)
Nishant/-
