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2017 DIGILAW 860 (JHR)

Babuwa Mahto v. State Of Jharkhand

2017-05-15

ANANDA SEN, PRADIP KUMAR MOHANTY

body2017
JUDGMENT Pradip Kumar Mohanty, C.J. - I.A. No. 1101 of 2017 Heard Mr. S.N. Tiwari, learned counsel for the appellants and Mr. G.S. Prasad, learned Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 1101 of 2017, wherein prayer has been made to enlarge the appellants, Babuwa Mahto and Basant Yadav on bail. 2. Mr. S.N. Tiwari, counsel for the appellants submitted that the appellants have been convicted for the offence under Sections 147/148/307/149 and 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Learned counsel further submits that the appellants were all along on bail and never misused the privilege of bail granted to them. Learned counsel further submits that the appellants were in custody since the date of judgment, i.e. 17.1.2017. It is further submitted that this appeal is not likely to be heard within twenty years and therefore, the appellants may be released on bail. 3. Mr. G.S. Prasad, learned Addl. P.P. appearing for the State, has vehemently opposed the prayer for bail of the appellants and submitted that eye witnesses, P.Ws.1 to 4 have specifically stated that all the co-accused persons including these appellants assaulted the deceased with fists and lathi (danda), as a result of which the deceased died and hence, these appellants do not deserve to be released on bail. 4. Perused the lower court record. 5. 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 to 4 and Dr. T.P. Singh, P.W.6, who conducted post mortem examination of the deceased and Dr. Nawal Kishore, P.W.5, who conducted medical examination of the injured witnesses and also the period of custody as well as the submission that this appeal is not likely to be heard within twenty years and also by applying the ratio of the decision rendered in the case of Surinder Singh @ Shingara Singh v. State of Punjab, reported in (2005) 7 SCC 387 , the trial court (Additional Sessions Judge IV, Deoghar) during the pendency of this appeal, is directed to admit these appellants on bail, on such terms and condition as he may deem fit and proper in S.C.No. 15 of 2008. 6. The aforesaid I.A stands disposed of. 7. 6. The aforesaid I.A stands disposed of. 7. Further, this Court recommends the Member Secretary, JHALSA, Ranchi for releasing the amount of compensation under Section 357(A) Cr.P.C , 1973in favour of Hubilal Mahto, P.W.4, father of the deceased immediately, as per Jharkhand Victim Compensation Scheme, 2016 after obtaining proper application from him (P.W.4). The amount so released in favour of P.W.4 shall be deposited in a Bank in the name of P.W.4, father of the deceased. 8. Registry is directed to handover a copy of this order to the Member Secretary JHALSA, Ranchi forthwith for needful.