Jharkhand High Court
Paras Nath Mahto vs The State Of Jharkhand on 23 March, 2017
Author: Pradip Kumar Mohanty
Bench: Ananda Sen, Pradip Kumar Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 355 of 2017
in
Cr. Appeal (D.B.) No. 1244 of 2016
Paras Nath Mahto ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ANANDA SEN
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For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate For the Respondent : A.P.P.
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Order No. 04 : Dated 23 March, 2017
Pursuant to order dated 08.02.2017, section officer has verified that no other criminal appeal has been preferred against the judgment of conviction passed in S.T. 160 of 2009 (Chatra).
I.A. No. 355 of 2017 Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the appellant and learned Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 355 of 2017, wherein prayer has been made to enlarge the appellant- Paras Nath Mahto on bail.
Mr. R.S. Mazumdar, learned senior counsel for the appellant, submitted that the appellant was all along on bail and has never mis- utilized the liberty granted to him. Learned senior counsel has further submitted that the present case does not come within the purview of Section 302 of the Indian Penal Code in as much as it is based upon the circumstantial evidence, but, the chain of circumstances is not completed by corroborative evidence. The learned senior counsel, therefore, prays that the appellant may be released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail of the appellant on the ground that P.W.10, the brother of the deceased, stated that his Bhabhi had illicit relationship with the appellant and the appellant and his Bhabhi have murdered the deceased -2- by strangulating him. P.W. 12, the Doctor, opined that the cause of death is asphyxia due to strangulation and postmortem report (Ext.9) has also corroborated the same and, therefore, the appellant does not deserve bail. However, learned Addl. P.P. admitted that the appellant was all along on bail and he has never mis-utilized the liberty granted to him.
Perused the Lower Court Records.
Considering the submissions made by the learned counsel for the parties and the evidence of P.W. 10, brother of the deceased, P.W.12, the Doctor, postmortem report (Ext.9) as well as the fact that the appellant was all along on bail and he never mis-utilized the liberty granted to him, the trial court (Additional Sessions Judge-II, Chatra) is directed to admit the appellant- Paras Nath Mahto on bail, during pendency of appeal, on such terms and conditions as it may deem fit and proper in connection with S.T. Case No. 160 of 2009, subject to condition that the appellant shall deposit a sum of Rs. 75,000/- by way of cash certificate or fixed deposit certificate of a nationalized bank for a period of seven years drawn in favour of the joint name of the children of the deceased, before the court below at the time of furnishing of bail bond. The trial court will give direction to the concerned bank that it will not permit children of the deceased to encash the same rather, it will release the interest accrued thereupon quarterly in favour of the joint name of the children of the deceased.
I.A. No. 355 of 2017 stands disposed of.
Cr. Appeal (D.B.) No. 1244 of 2016 On perusal of the impugned judgment, it appears that order has been passed under Section 357 of the Code of Criminal Procedure, but, no amount has been given to the children of the deceased. -3-
In view of the above, this Court finds it fit to provide an opportunity to the children of the deceased to file an application before the Member Secretary, DLSA, Chatra within a month and the Member Secretary, DLSA, Chatra shall process the same as per the Scheme of 2016, and pass an award within a month, thereafter.
Let a copy of the order be handed over to the Member Secretary, DLSA, Chatra and Member Secretary, JHALSA. In the event, if no application has been preferred by the children of the deceased, Member Secretary, DLSA, Chatra takes all steps to collect the application from the children of the deceased.
This Court further directs the learned counsel for the informant to intimate the aforesaid fact to the maternal grand parents of the children of the deceased where they are staying, till they attain the majority.
A copy of this order be sent by FAX to Member Secretary, DLSA, Chatra for taking necessary steps.
(Pradip Kumar Mohanty, ACJ) (Ananda Sen, J) MM