Jharkhand High Court
Hemant Tete vs The State Of Jharkhand on 4 September, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 1 of 2025
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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 Appellant No.1: Mr. Gaurav, Advocate
For the State : Mr. Bishambhar Shastri, A.P.P
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Order No: 07/Dated: 04.09.2025
Learned counsel for the appellants is permitted to correct
the custody of the appellant no. 1 by incorporating the date of
custody 13.01.2022 instead of 14.10.2024 at Para No. 13 of I.A
No. 11806 of 2025 by "Red Ink" in course of the day.
I.A No. 11806 of 2025
2. I.A No. 11806 of 2025 has been filed on behalf of the
appellant no. 1 Hemant Tete for suspension of sentence and for
grant of bail during pendency of this Criminal Appeal.
3. Learned counsel for the appellant No.1 has submitted that
the impugned judgment and sentence passed by the learned Court
below is illegal, arbitrary and not sustainable in the eye of law. It
is submitted that earlier the prayer for bail of the appellant no.1
was rejected vide order 23.04.2025 passed by this Court with the
certain observation. It is submitted that the appellant no. 1 is in
custody since 13.01.2022 i.e. for around three (03) years and
seven (07) months and the appellant no. 1 has completed more
than half of his sentence out of R.I for seven (07) years. It is
further submitted that the co-convict Amrit Tete against whom
there is also allegation for assaulting and trying to burn the
informant, had been granted bail by the Co-ordinate Bench
(Hon'ble Mr. Justice Sanjay Kumar Dwivedi) of this Court vide
order dated 12.11.2024 passed in Criminal Appeal (S.J) No. 187
of 2024 and the appellant no.2 namely Jyoti Tete has already been
granted bail on 23.04.2025 by this Court and hence, the appellant
no. 1 may be enlarged on bail.
4. Learned counsel for the State has opposed the prayer of
bail and submitted that the there is direct allegation against the
appellant no. 1 Hemant Tete for assaulting and trying to burn the
informant in connivance with Florance Dungdung and Silbiriyus
Dungdung. It is submitted that the informant while being
examined as P.W-1 has fully supported the prosecution case
whereas, P.W-2 Birendra Baraik i.e. the son of the informant
while admitted the informant to the hospital. It is further
submitted that the informant had sustained 40% burn injuries and
hence, the prayer for bail of the appellant no.1 may be rejected.
5. Perused the Lower Court Records of this case and
considered the submissions of both the sides.
6. It appears that earlier the prayer for bail of both the
appellant no.1 was rejected vide order 23.04.2025 passed by this
Court with the certain observations.
7. It also appears that the occurrence had taken place in the
house of Florance Dungdung where rituals of Shradh ceremony
was going on.
8. It appears that this Court vide order dated 23.04.2025 had
granted bail to the appellant no. 2 Jyoti Tete i.e. the wife of the
appellant no. 1 Hemant Tete.
9. It appears that the co-accused namely Amrit Tete has
already been granted bail vide order dated 12.11.2024 by the
Co-ordinate Bench (Hon'ble Mr. Justice Sanjay Kumar Dwivedi)
of this Court.
10. Considering the custody of the appellant no. 1 and also
considering the fact that the co-convict namely Jyoti Tete had
already been granted bail by this Court and the co-accused
namely Amrit Tete has also been granted bail by the Co-ordinate
Bench of this Court, the appellant no. 1 namely Hemant Tete is
directed to be released on bail on furnishing bail bonds of Rs.
15,000/- with two sureities of the like amount each to the
satisfaction of Ms. Asha Devi Bhatt, learned Additional Sessions
Judge-I, Simdega/or her successor Court in connection with
Sessions Trial No. 68 of 2022 arising out of T. Tangar P.S Case
No. 05 of 2022, corresponding to G.R No. 79 of 2022.
11. Thus, I.A No. 11806 of 2025 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Avinash/
