Dinesh Mahato vs Union of India

I.A. No. 6911 of 2016

The learned APP files a counter in this case in Court. Office is directed to tag the same on record. Heard Mr. A.S Dayal, learned counsel for the appellants and Mr. Anjani Kr. Toppo, learned Addl. P.P. appearing for the State on the Interlocutory Application bearing I.A. No. 6911 of 2016, wherein prayer has been made to enlarge the appellants on bail, during the pendency of the present appeal, after suspending the sentence.

Learned counsel appearing for the appellants submits that the appellants were on bail during the trial and never misused the liberty granted to them and after passing of judgment of conviction and order of sentence, they were remanded back to jail and since then they are languishing in jail custody and therefore, the appellants may be released on bail, during the pendency of the present appeal, after suspending the sentence.

Learned Addl. P.P. appearing for the State has vehemently opposes the prayer for bail of the appellants on the ground that P.Ws 6 (the informant and the mother of the deceased) has specifically stated about the role played by the present appellants and the doctor (P.W.12) has also corroborated the evidence of P.W.6 and, therefore, it is not a fit case to admit the appellants on bail, but he admits that the appellants were on bail during the trial and never misused the liberty granted to them.

Having heard learned counsel for the parties and after going through the judgment of the trial court and considering the evidence of P.Ws. 6 and 12 and the postmortem report (Ext.5) and also the fact that appellants were on bail during the trial and never misused the liberty granted to them, during the pendency of this appeal, this Court directs the trial court/learned 2nd Additional Sessions Judge, FTC, Bermo at Tenughat to admit the appellants namely, Sukhdeo Kewat, Bhuneshwar Kewat, Ghusru Kewat, Lakhan Kewat and Manik Kewat on bail, on such terms and conditions, as he may deem fit and proper in connection with Sessions Trial No. 58/2001.

I.A. No. 6911/2016 is allowed.

This Court directs the Member Secretary, JHALSA, Ranchi to obtain application from the mother of the deceased (PW.6) as per Section 357(A) of the Code of Criminal Procedure and consider and disburse the compensation to her 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.