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Jharkhand High Court

Joseph Toppo vs State Of Jharkhand on 23 September, 2014

Author: R. R. Prasad

Bench: R. R. Prasad, Amitav K. Gupta

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (DB) No.527 of 2006
                                    ------
      Josheph Toppno                              ....   Appellant

                           Versus

      The State of Jharkhand                 ....   ....     Respondent


      CORAM        : HON'BLE MR. JUSTICE R. R. PRASAD
                     HON'BLE MR. JUSTICE AMITAV K. GUPTA
                           ------

      For the Appellant        : Mr. K. S. Nanda, Advocate
      For the State            : A.P.P
                           ------

I.A.No.4671 of 2014

08/23.09.2014

: Heard learned counsel appearing on behalf of the appellant and the learned counsel appearing on behalf of the State on an interlocutory application bearing No.4671 of 2014 filed on behalf of the appellant, Josheph Toppno wherein prayer has been made to admit the appellant on bail.

2. Learned counsel appearing for the appellant submits that the prayer for bail of this appellant was rejected earlier by this Court, but the appellant has been renewing his prayer for bail as he has remained in custody for 13 years in a case where appellant has been convicted for the offence under Section 302 of the IPC on the allegation that he gave one tangi blow on the head of the deceased while there had been altercation in between them and thereby the case would fall within the category of culpable homicide not amounting to murder.

3. Regard being had to the facts and circumstances of the case, the appellant is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Simdega, in connection with S.T. Case No.111 of 2001

4. Accordingly, I.A. No.4671 of 2014 stands disposed of.

(R. R. Prasad, J.) (Amitav K. Gupta, J.)          Fahim ­ Chandan/­