Jharkhand High Court
Ashok Rana Alias Ashok Kumar Rana vs The State Of Jharkhand on 8 May, 2017
Author: Pradip Kumar Mohanty
Bench: Chief Justice, Ananda Sen
IN THE HIGH COURT OF JHARKHAND, RANCHI
Crl. Appeal (DB) No. 457 of 2015
Ashok Rana @ Ashok Kumar Rana ..... Appellant(s)
Versus
The State of Jharkhand. .... Respondent(s)
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ANANDA SEN
For the Appellant(s) : Mr. A. K. Kasyap, Sr. Advocate
Mr. P. P. Roy, Advocate.
Mr. Anurag Kashyap, Advocate.
For the Resp.-State : Mr. Krishna Shankar, APP
For the Informant : Mr. Sanjay Kumar, Advocate
-----
Order No.09, Dated 8th May, 2017.
I. A. No.4918 of 2016.
1. Heard learned counsel for the appellant and learned APP appearing
for the State as well as learned counsel appearing for the informant
on an Interlocutory application bearing I. A. No.4918 of 2016 wherein
prayer has been made to enlarge the appellant, above-named on
bail, during the pendency of the appeal.
2. Learned counsel appearing for the appellant submits that there is no
material against the appellant. The appellant was all along on bail
during trial and never misused the liberty while on bail. He submits
that the appellant has been languishing in jail custody since
22.05.2016. He further submits that similarly situated co-accused persons have already been enlarged on bail in Cr. Appeal (DB) Nos.373 of 2015, 4333 of 2015 and 484 of 2015 and, therefore, the appellant also be admitted on bail.
3. Learned counsel appearing for the State vehemently opposed the prayer and contention of the appellant on the ground that the prayer for bail of the appellant was already rejected by this Court on 30.09.2015 and there is no supervening circumstance to admit him on bail, but he admits that the appellant never misused the liberty while on bail.
4. Perused the lower court records. Having heard learned counsel appearing for the parties and considering the fact that the appellant was all along on bail during trial and never misused the liberty while on bail and considering the period of custody of the appellant i.e. about 1 year, this Court, during pendency of the appeal, directs the Trial Court (learned 1st Addl. Sessions Judge, Chatra) to admit the appellant, above-named, on bail, on such terms and conditions as it may deem fit and proper in the fact and circumstances of the case in connection with Sessions Trial No.100 of 2010 and Sessions Trial No.95 of 2010.
5. Further, this Court recommends the case to the Member Secretary, JHALSA, Ranchi, for releasing the amount of compensation under Section 357(A) Cr.P.C. to P.W.10 (wife of the deceased) immediately, as per the 'Jharkhand Victim Compensation Scheme, 2016' after obtaining proper application from P.W.10. The entire process should be completed within a period of three months from the date of receipt of such application and the same shall be intimated to this Court.
6. This Court directs the Registry to hand-over a copy of this order to the Member Secretary, JHALSA, Ranchi forthwith for doing needful.
7. The aforesaid interlocutory application, accordingly, stands allowed and disposed of.
(Pradip Kumar Mohanty, C.J.) (Ananda Sen, J.) Sandeep/