IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.421 of 2007
Sirmuna Oraon ... Appellant
Versus
The State of Jharkhand ... .... ..... ... Respondent
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CORAM: HON'BLE MR. JUSTICE R.K. MERATHIA
HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Appellant: Mr. Shekhar Kumar, Advocate
For the Respondent: A.P.P.
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I.A. No.833 of 2011
04 /21.06.2011
Heard the counsel for the parties.
It is submitted that though the prayer for bail of the appellant was earlier
rejected on 18.06.2007 but now he has remained in jail for about six years and
other co-convicts have been granted bail.
It appears that convict Hardayal Oraon has been granted bail on
15.01.2008 vide Cr.Appeal No.671 of 2007 observing that there was no specific
allegation against him that he assaulted the deceased in any manner.
It further appears that convict Kishun Oraon has been granted bail on
16.12.2008 vide Cr. Appeal No.43 of 2007 observing that the specific allegation
of assault of sharp cutting weapon Tangi has been made against appellant
namely, Sirmuna Oraon, whose prayer for bail was already rejected and that
appellant Kishun Oraon is said to have assaulted the deceased by means of
lathi but the injury caused by hard and blunt substance is not found in the post
mortem report.
There is specific allegation against the appellant of inflicting repeated
Tangi blows, i.e. thrice, on the deceased on vital part of his body which are the
cause of death. Appellant also caused Tangi injury on the wife of the deceased.
Thus the case of appellant is different with the said co-convicts.
Under the circumstances, we are not inclined to enlarge the appellant on
bail. Accordingly, the prayer for bail of the appellant is rejected.
I.A. No.833 of 2011 stands disposed of.
(R.K. Merathia, J.)
(D.N. Upadhyay, J.)
NKC