IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal ( DB) No. 236 of 2011
Passing Gagrai .....Appellant
Versus
The State of Jharkhand .....Respondent
Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
THE HON'BLE MR. JUSTICE P.P. BHATT
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For the Appellant : Mr. M.K. Dey, Sr. Advocate
For the State : APP
Order No. 07 Dated the 27th July, 2011
Heard Mr. M.K. Dey, learned senior counsel appearing for the
appellant.
He submitted that 11 accused persons were put on trial and
they were acquitted by a separate judgement passed in S.T. No. 16 of
2003 dated 28th February, 2004. The investigation against this
appellant was kept pending and thereafter he was put on trial but he
has been convicted on the same set of evidences on which the other
accused persons were acquitted. He further submitted that if all the
accused persons were members of unlawful assembly including the
appellant, he could not have been convicted and therefore he should be
enlarged on bail. He relied on AIR 1987 S.C. 826-Amar Singh & Others
Vs. State of Punjab.
On the other hand State counsel pointed out that against
the said acquittal, Acquittal Appeal No. 23 of 2004 has been filed on
behalf of the State and Cr. Revision No. 374 of 2004 has been filed on
behalf of the informant in which the respondents have appeared and it
will appear from the said judgement of acquittal that the same is wholly
perverse; and that this is a serious case in which two persons were
killed.
In the facts and circumstances of the case, we are not
inclined to grant bail to the appellant. Accordingly, prayer for bail of the
appellant is rejected.
However, this appeal is tagged with the said Acquittal
Appeal No. 23 of 2004 and Cr. Revision No. 374 of 2004, and put up all
the three cases for final hearing in the monthly cause list of November,
2011 within first ten cases.
( R. K. Merathia, J)
( P.P. Bhatt, J)
Rakesh/