IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB)No. 1022 of 2010
1. Lalgee Mahto
2. Mahesh Dangi ... ... ... ... Appellants
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 Appellants: Mr. Amar Kumar Gupta
For the Respondent: A.P.P.
Mr. Pramod Kumar(for informant)
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03/25.01.2011
Originally in the F.I.R., seven accused were named and out of
them only five were chargesheeted. Out of the said five accused, three
have been acquitted by the trial Court and only two have been convicted
and sentenced under Sections 302/34 of the I.P.C. apart from minor
Sections. Apparently, the conviction is based upon the testimony of the
informant who has been examined as P.W.8 and who has attributed
specific role to the appellants in the assault.
However, the informant claimed to be an injured witness but
there is no evidence of her injury. This fact, coupled with the fact that in
para8 of her crossexamination she has stated that she was inside the
house and when she came out the deceased has already fallen down due
to assault and she cannot say who assaulted in what manner, as also the
fact that both these appellants have been in jail since 2007 when the
offence was committed, we are of the opinion that they are entitled to
bail during the pendency of this appeal.
Accordingly, we direct that the abovenamed appellants,
who are in jail due to their conviction and sentence dated
30.09.2010 and 05.10.2010 respectively, passed by 1st Additional
Session Judge, Chatra in Sessions Trial No. 121 of 2008 and 122 of
2008 respectively arising out of Itkhori P.S. Case No. 117 of 2007
corresponding to G.R. Case No. 594 of 2007, be released on bail,
during the pendency of this appeal, on furnishing their personal
bond and two sureties of Rs.20000/ each to the satisfaction of the
trial Court i.e. 1st Additional Session Judge, Chatra.
(Sushil Harkauli, J.)
(R.R. Prasad, J.)
Sudhir/