IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appl. (DB) No. 974 of 2010
1. Laxmi Mahto
2. Mahendra Mahto
3. Mahavir Mahto
4. Mathura Kolh
5. Raju Kolh........................ Appellant s
Versus
State of Jharkhand .................. Respondent
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Coram: Hon'ble Mr. Justice R.K.Merathia
Hon'ble Mr. Justice R.R.Prasad
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For the Appellants : Mr. M.S.Chhabra, Advocate
For the Respondent : Mr. APP
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5/27.04.2011
Heard the parties on the prayer for bail.
It is submitted that as per the prosecution case, the appellants
assaulted the deceased and the injured with Lathi; and that the land
dispute is going on between the parties for about 20 years; and that there
was case and counter case; and that the appellant no. 1 Laxmi Mahto is
aged about 70 years.
It appears that in Cr. Appl. (DB) No. 969/2010, the bail of co
convicts was rejected on merit on 09/02/2011. The alleged occurrence took
place in same transaction. There are several injuries on the deceased and
on the injured by Lathi as well as by Tangi. In our opinion, the case of these
appellants is similar to the case of coconvicts, who are the appellants in
the said appeal.
In the circumstances, we are not inclined to grant bail to appellant
nos. 2 to 5. Accordingly, their prayer for bail is rejected.
However, keeping in view the age of appellant no. 1, during
pendency of the appeal, he is directed to be released on bail on furnishing
bail bonds of Rs. 10,000/ (ten thousand) with two sureties of the like
amount each to the satisfaction of the trial court (Additional Sessions
Judge, F.T.C.II, Giridih) in connection with Sessions Trial No. 445 of 1989,
subject to the conditions that one of the bailers will be her close relative and
the other should have landed property within the local jurisdiction of the
Court.
Put up this case with Cr. Appl. (DB) No. 969/2010.
(R.K.Merathia, J)
(R.R.Prasad, J)
Mukund/