Jharkhand High Court
Anuj Bhuian vs The State Of Jharkhand on 11 May, 2017
Author: Pradip Kumar Mohanty
Bench: Chief Justice, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 8032 of 2016
in
Cr. Appeal (D.B.) No. 1332 of 2016
Anuj Bhuian ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ANANDA SEN
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For the Appellant : Mr. A.K. Chaturvedy, Advocate
For the State : A.P.P.
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Order No. 05 : Dated 11th May, 2017
I.A. No. 8032 of 2016 Heard Mr. A.K. Chaturvedy, learned counsel for the appellant and learned Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 8032 of 2016, wherein prayer has been made to enlarge the appellant on bail, during the pendency of the present appeal.
Mr. A.K. Chaturvedy, learned counsel appearing for the appellant submits that the appellant was on bail during trial and never misused the liberty granted to him. He also submits that P.Ws. 1 to 6, who have claimed themselves to be the eye witnesses to the occurrence, stated that the deceased was beaten by lathi and axe by this appellant and his brothers. Somar Bhuian, one of the brothers of this appellant, gave an axe blow on the head of the deceased which resulting to his death. He further submits that this case never comes within the purview of section 302 of the Indian Penal Code and, therefore, it is a fit case to enlarge the appellant on bail.
Learned Addl. P.P. appearing for the State has vehemently opposes the prayer for bail of the appellant on the ground that according to the evidence of P.Ws.1 to 6, eye witnesses to the occurrence and P.W. 7, the doctor and Post mortem report (Ext.2), the deceased has been died due to grievous injuries caused by hard and blunt substance, but he admits -2- that the appellant was on bail during trial and he never misused the liberty granted to him.
Having heard learned counsel for the parties and after going through the judgment of the trial court, considering the evidence of P.Ws. 1 to 6 and also P.W.7, the doctor, post mortem report (Ext.2) and considering the fact that the appellant was on bail during trial and never misused the liberty granted to him, during the pendency of the appeal, the trial court/learned Addl. Sessions Judge-V, Chatra is directed to admit the appellant, Anuj Bhuian, on bail on such terms and conditions, as he may deem fit and proper in connection with Sessions Trial Case No. 117 of 2004.
I.A. No. 8032 of 2016 stands allowed.
This Court directs the Member Secretary, JHALSA, Ranchi to obtain application from P.W.1 (widow of the deceased), as per Section 357(A) of the Code of Criminal Procedure and consider the same as per Victim Compensation Scheme within three months from the date of receipt of a copy of this order and intimate to this Court about the same.
This Court further directs the Registrar General to communicate a copy of this order to the Member Secretary, JHALSA, Ranchi, immediately.
(Pradip Kumar Mohanty, CJ) (Ananda Sen, J) MM