IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Appeal (S.J.) No. 1282 of 2008
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1. Mithun Mohli @ Mithun Marandi
2. Raju Lohar ... Appellants
-versus-
The State of Jharkhand ... Respondent
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
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For the Appellants : Mr. Ashish Verma, Advocate
For the State : Mr.M.K.Sinha (A.P.P).
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I.A No. 278 of 2011
5/20.04.2011
The instant interlocutory application has been filed by the
appellant no.2 namely Raju Lohar.
Heard the counsel appearing for the appellant no.2 and the
counsel appearing for the State.
The counsel appearing for the appellant no.2 submits that
another co-convict namely Tala Murmu and Unus Soren have been
granted bail in Cr.Appeal (S.J.) No. 955 of 2008 vide order dated
11.12.2009 and in Cr.Appeal (S.J.) No.1281 of 2008 vide order
dated 2nd December 2010 respectively. It is further submitted that the
material has come against the appellant no.2 that he has committed
rape upon the prosecutrix -P.W.2. But it is contended that in the
F.I.R, there is no allegation against the appellant no.2 that he has
committed rape upon any of the victim girls. Furthermore, Doctor
who has examined P.W.2 the victim girl, has not found any injury
either in the internal part or in the external part of her body.
The counsel appearing for the appellant no.2 further submits
that the appellant is in custody from 9th June, 2006 (i.e. more than
four and half years).
The counsel for the State opposed but not disputed the
contentions made by the counsel for the appellant no.2.
Considering the submissions made by both the parties and
also considering the materials on record as well as considering the
period of custody of the appellant no.2, the appellant no.2 namely
Raju Lohar is directed to be released on bail, during pendency of this
appeal, on furnishing bail bond of Rs.10,000/- (Rs. ten thousand)
with two sureties of the like amount each, to the satisfaction of 5th
Additional Sessions Judge, Fast Track Court, Dumka in connection
with Sessions Case No. 52 of 2007 arising out of Sikaripada P.S
Case No.88 of 2006 corresponding to G.R Case No. 1112 of 2006
subject to the condition that one of the bailers will be his close
relative having immovable property within the jurisdiction of the trial
court.
The aforesaid I.A stands disposed of.
(Jaya Roy, J )
BS/-