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2018 DIGILAW 66 (JHR)

Prasadi Mandal v. State Of Jharkhand

2018-01-09

ANANT BIJAY SINGH

body2018
JUDGMENT Anant Bijay Singh, J. – On 17.11.2017, the appellants namely, Military Mandal, Anandi Mandal, Inder Mandal @ Indradeo Mandal, Darogi Mandal, Sarswati Devi and Thenpia @ Dropadi Devi were granted bail and appellant No.1, namely, Prasadi Mandal was granted provisional bail till 16.01.2018 and was directed to remain physically present with his grand daughter, namely Mohini Kumari, who is studding in class six in middle school, Saluridi. Today, when the case is called out, appellant namely, Prasadi Mandal along with his grand daughter, namely, Mohini Kumari are physically present before this Court and appellant, Prasadi Mandal had brought a certificate of fixed deposit of Rs. 1,00,000/- in the name of Mohini Kumari for a period of five years. Let the xerox copy of the fixed deposit certificate be kept on record. 2. The appellant, Prasadi Mandal is directed to deposit the original certificate before the trial Court and trial Court is directed to accept the same to be kept on record. 3. It is further directed that the interest which accrues on the fixed deposit shall be used by Mohini Kumari. As she is minor, her grand father, Prasadi Mandal will file an application for withdrawal of the interest amount which will be released in favour of Prasadi Mandal who will utilize the interest amount for establishment of Mohini Kumari including her medical, health and education expenses. 4. Provisional bail granted to the appellant, Prasadi Mandal vide order dated 17.11.2017 is hereby confirmed. 5. I.A. No. 8199 of 2017 stands allowed. 6. A Division Bench of Hon''ble Madras High Court, while delivering the judgment dated 25.10.2017 in Criminal Appeal Nos. 402 and 465 of 2017, has considered the case of the legal heirs of the accused and observed as follows:- "128. Having stated that, we must now look into the future of the three children of Kamaraj (A2) and Elangovan (A3). In this regard, we would request the District Legal Services Authority of Vellore and Namakkal Districts to work positively with respect to the family of Kamaraj (A2) and Elangovan (A3). Having stated that, we must now look into the future of the three children of Kamaraj (A2) and Elangovan (A3). In this regard, we would request the District Legal Services Authority of Vellore and Namakkal Districts to work positively with respect to the family of Kamaraj (A2) and Elangovan (A3). The District Legal Services Authority at Vellore and Namakkal Districts are requested to send their para legal workers/legal aid advocates and ensure that the children of Kamaraj (A2) and Elangovan (A3) are placed in schools and imparted education and also more importantly, ensure that the occupation of Kamaraj (A2) and Elangovan (A3) are not insisted by the school authorities. The District Legal Services Authorities may also lend their services, if the wives of Kamaraj (A2) and Elangovan (A3) are in some way qualified and show them a way in moving forward in life. These positive initiatives taken by the Court with respect to the children and wives of Kamaraj (A2) and Elangovan (A3) would propel Kamaraj (A2) and Elangovan (A3) to reform themselves and when they come out of prison, they would be useful to society at least in extolling virtues of a crime-free life and the punishment which would be imposed by indulgence in crime. 129. Another factor which has to be ensured is that both Kamaraj (A2) and Elangovan (A3) must be confined in two separate Central Jails. The entire nucleus of this case emanated by a conspiracy made out in jail by th three accused. Consequently, it is imperative that any further interaction between Kamaraj (A2) and Elangovan (A3) during the next thirty years has to be totally cut off. This would ensure that they can reflect in solitude over their actions and at the same time, also take solace in the fact that judiciary had not let their family down. 130. The superintendent of Prisons, Central Prison, Trichy and the Superintendent of Prisons, Central Prison, Coimbatore where Kamaraj (A2) and Elangovan (A3) were lodged from 10.03.2014 onwards, have sent individual reports to the effect that both the said prisoners did not involve themselves in any prison offence and that their conduct inside the prison was satisfactory." 7. From perusal of the aforesaid paragraphs, it appears that the instant case is squarely covered by the aforesaid judgment of the Hon''ble Madras High Court. 8. From perusal of the aforesaid paragraphs, it appears that the instant case is squarely covered by the aforesaid judgment of the Hon''ble Madras High Court. 8. Further the court below with the support of Secretary-cum- Coordinator, DLSA, Deoghar will explore the possibility to extend the benefits of one of the 10 beneficiaries schemes, which have been sponsored by the NALSA and extended by JHALSA and SALSA, under the guidance of Principal District Judge-cum-Chairman, DLSA, Deoghar, after giving proper notice to the grandfather of Mohini Kumari, who will appear along with his grand daughter, Mohini Kumari before the court below. The court below is directed to frame a scheme for rehabilitation for Mohini Kumari and Secretary, D.L.S.A, Deoghar will ensure that Mohini Kumari is admitted in the next session in Kasturva Gandhi Residential school as she has shown her inclination to continue her education and will submit its report within twelve Weeks. 9. Let a copy of the order be along with the judgment will sent to the trial Court and also sent to the Secretary, D.L.S.A, Deoghar through Fax. List this case after twelve weeks.