Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 281 (JHR)

Munna Khan @ Seraj Khan v. State Of Jharkhand

2017-02-09

ANANDA SEN, PRADIP KUMAR MOHANTY

body2017
JUDGMENT Pradip Kumar Mohanty, A.C.J. – I.A. No. 3843 of 2016 Heard Mr. P.P.N. Roy, learned Sr. counsel appearing for the appellant and Mr. Asif Khan, learned Addl. P.P. appearing for State, on the Interlocutory application bearing I.A. No. 3843 of 2016, wherein prayer has been made to enlarge the appellant, namely, Munna Khan @ Seraj Khan, on bail, during the pendency of the instant appeal, after suspending the sentence. 2. Mr. P.P.N. Roy, learned Sr. counsel appearing for the appellant has submitted that the appellant is languishing in custody from the date of his remand i.e. since 14.11.2012 i.e. for more than 5 years and absolutely there is no material against the appellant and this criminal appeal is not likely to be heard within 20 years and therefore, he prays to admit the appellant on bail during the pendency of the instant appeal. 3. Learned Additional Public Prosecutor appearing for the State vehemently opposes the prayer for bail on the ground that P.Ws.3 and 5 have specifically stated that the present appellant along with other have assaulted the deceased. They have also stated that this appellant along with other scolded them, then they returned their home and thereafter, the dead body of the deceased was recovered from the well in presence of P.W.1. Therefore, it is not a fit case to admit the appellant on bail during the pendency of the instant appeal. 4. Having heard learned counsel for the parties and after going through the judgment of the trial Court and considering the evidence of P.Ws. 1, 3 and 5 and the period of custody before the trial and after the judgment and the fact that this criminal appeal is not likely to be heard within 10 years, during the pendency of the instant appeal, the trial court/learned Additional Sessions Judge- III, Gumla, is directed to admit the present appellant, namely, Munna Khan @ Seraj Khan, on bail on such terms and conditions, as he may deem fit and proper, in connection with Sessions Trial No. 120 of 2013, subject to condition that the appellant shall deposit a sum of Rs. 30,000/- (Rupees Thirty thousand) in terms of fixed deposit/cash certificate of a Nationalized Bank for a period of 10 years subject to its renewal in the name of P.Ws. 30,000/- (Rupees Thirty thousand) in terms of fixed deposit/cash certificate of a Nationalized Bank for a period of 10 years subject to its renewal in the name of P.Ws. 3 and 5 jointly and a certificate to this effect shall be furnished before the trial Court and the trial Court shall intimate the Bank not to pledge or encash the same in favour of P.Ws. 3 and 5 within a period of 10 years without the leave of the Court.