IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Jail Appl. (SJ) No. 138 of 2002
1. Krishna Prasad Modi
2. Sarswatia Devi..................... Appellants
Versus
State of Jharkhand .................. Respondent
......
Coram: Hon’ble Mr. Justice R.K.Merathia
……
For the Appellant : Mr. V.K.Tiwary, Advocate
For the State : Mr. A.P.P.
......
Order No. 5
Dated the 21 September 2011
st
Learned counsel appearing for the appellant submitted that this
jail appeal may be confined only to Sarswatia Devi as Krishna Prasad Modi
had filed a separate appeal being Cr. Appeal (SJ) No. 26 of 2002 prior to
filing of this jail appeal.
Accordingly, the name of appellant No.1 Krishna Prasad Modi is
deleted from this jail appeal.
It is further submitted that appellant Sarswatia Devi was taken to
custody on 10/04/1998 and, thereafter, she remained in jail custody
continuously as no prayer for bail was made on her behalf. Thus, it
appears that she must have been released after serving out the sentence of
seven years and, therefore, he is not pressing this jail appeal on her behalf.
Accordingly, this jail appeal is dismissed as not pressed. However,
if Sarswatia Devi has not been released after serving out the sentence of
seven years in connection with the impugned judgment dated 12/15th
October 2001, passed in Sessions Trial No. 467 of 1998 by the Sessions
Judge, Garhwa, she should be released immediately, if not wanted in any
other case.
(R.K.Merathia, J)
Mukund/