IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal(DB) No. 853 of 2010
Jodhi Mahto @ Jhodhi Mahto ... ... Appellant
Versus
The State of Jharkhand ... ... ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
HON'BLE MR. JUSTICE R.R. PRASAD
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For the Appellant: Mr. B.K. Dubey
Mr. Rajnikant Ojha
For the Respondent: A.P.P.
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Interlocutory Application No. 225 of 2011
05/22.03.2011
We have heard learned counsel for the appellant and learned
counsel for the State.
The appellant before us is one of the two accused who has been
charged and convicted for murder. The prosecution case is that the main
assailant, who is the appellant before us, had taken a second wife, who is
the co-accused. He denied subsistence to his first wife(the deceased),
whereupon the deceased told the accused that she would institute a case
against him. Because of this motive, both the accused assaulted and
murdered the first wife inside her house. The close relatives of the
deceased are witnesses. The prayer for bail of the co-accused, who is the
second wife of the appellant, has been rejected by a reasoned order
passed by a Division Bench of this Court in her Criminal Appeal No.1620
of 2004. The appellant before us is the main assailant.
In view of the circumstances mentioned above including the
reasons given by the Division Bench for rejecting the prayer for bail of the
co-accused i.e. the second wife as well as recovery of the weapon, we
are of the opinion that it is not a fit case for grant of bail during the
pendency of the appeal. Accordingly, the prayer for bail of the appellant is
hereby rejected.
However, the paper books of the case may be got prepared at the
earliest and list this appeal for hearing immediately thereafter.
Interlocutory Application No.225 of 2011 is accordingly rejected.
(Sushil Harkauli, J.)
(R.R. Prasad, J.)
Sudhir/