IN THE HIGH COURT OF JHARKHAND AT RANCHI.
I.A. No. 1364 of 2011
in Cr. Appeal (DB) No. 318 of 2008
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1. Munni Pandey @ Muneshwar Pandey
2. Harihar Pandey
3. Kishori Pandey
4. Uday Pandey
5. Anil Singh … … Appellants
-V e r s u s-
The State of Jharkhand … … Respondent
…
CORAM: – HON’BLE MR. JUSTICE R.K. MERATHIA.
HON’BLE MR. JUSTICE P.P. BHATT.
…
For the Appellants : – Mr. S. N. Roy, Advocate.
For the Respondent : - A.P.P.
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Order No. 12 Dated 27th July, 2011
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I.A. No. 1364 of 2011
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Heard the learned counsel for the parties on the prayer
for bail.
Mr. S. N. Roy, learned counsel for the appellant
submitted that this I.A. has been filed on behalf of the appellant no. 4,
Uday Pandey and that the appellant no. 3, Kishori Pandey and
appellant no. 5, Anil Singh were granted bail against whom the
allegation was of assaulting the deceased by ‘Danda’. So far as the
appellant no. 4, Uday Pandey is concerned, P.Ws. 1, 2 and 3, who are
the injured witnesses said that he was standing at the place of
occurrence with ‘Lathi’/sword and P.W. 7, who is the neighbour said
that he was simply standing there outside the house and that P.W. 6
said that all the accused persons jointly assaulted the deceased and
that as per the dying declaration of the deceased, Bijli Singh and the
appellant no. 1, Munni Pandey @ Muneshwar Pandey assaulted the
deceased with sword and that Bijli Singh was acquitted as the
evidence of P.W. 6 was disbelieved as an eye-witness and that though
the prayer for bail of this appellant was earlier rejected on 24.06.2008
but he has now remained in jail for about four years.
In the circumstances, during the pendency of this
appeal the appellant no. 4, Uday Pandey is directed to be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of the
learned trial court (Additional Sessions Judge, Fast Track Court,
Koderma) in connection with Sessions Trial No. 219 of 1999 on the
conditions that (i) one of the bailors will be close relative of the
appellant, (ii) the other bailor should have landed property within the
jurisdiction of the Court, & (iii) the appellant no. 4, Uday Pandey
will deposit the amount of fine imposed on him by the trial court
without prejudice and subject to the decision of the case.
I.A. No. 1364 of 2011 stands disposed of.
(R.K. Merathia, J. )
(P.P. Bhatt, J.)
APK