IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 154 of 2011
1. Sitaram Mehta
2. Gunwa @ Ganwa @ Kauleshwari Devi
... ... ... Appellants
Versus
The State of Jharkhand ... ... ... Opp. Party
CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Appellants : Mr. A.K. Sahani, Advocate
For the State : Mr. Prem Prakash, A.P.P.
03/31.03.2011
Heard learned counsel for the appellants and learned counsel for the
State.
Learned counsel for the appellants Mr. Sahani submits that the
appellant no. 1 is the maternal uncleinlaw of the victim lady. He has further
submitted that the said appellant no.1 namely Sitaram Mehta lives in another
village not with the fatherinlaw and motherinlaw of the victim lady. He has
further submitted that though one of the witnesses P.W. 4 who is the Bhabhi
of the victim lady, has stated about Sitaram Mehta but P.W. 3 who is brother
of the victim lady and husband of P.W.4 has stated in his evidence that he
does not know Sitaram Mehta, therefore, there are some contradictions
regarding Sitaram Mehta that whether he demanded any money from the
victim lady or from her family members. Mr. Sahani has further contended
that except the allegation of demand, there is no other material against
Sitaram Mehta.
Considering the submissions, during the pendency of this Criminal
Appeal, the appellant no.1Sitaram Mehta, is directed to be released on bail,
on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional Sessions Judge,
F.T.C.III, Hazaribagh in connection with Sessions Trial No. 215 of 2006
subject to the condition that one of the bailors will be his close relative having
immovable property within the jurisdiction of the Court concerned.
So far as the appellant no. 2Gunwa @ Ganwa @ Kauleshwari Devi,
who is motherinlaw of the victim lady, is concerned, I find that there is
material against her that she used to demand money and also tortured the
victim lady. Furthermore, it has come in the inquest report that there is a
black mark on the neck of the dead body of the victim lady.
Considering all these submissions, I am not inclined to grant bail to the
appellant no. 2Gunwa @ Ganwa @ Kauleshwari Devi, the motherinlaw of
the victim lady. Accordingly, prayer for bail of the appellant no. 2 is rejected
at this stage.
(Jaya Roy, J.)
Anit