Dipesh Chakraborty vs The State of Jharkhand

I.A. No.7176 of 2016

Heard Mr. Mahesh Tewari, learned counsel appearing on behalf of appellants as well as Mr. Asif Khan, learned APP for the State on the aforesaid Interlocutory Application, wherein prayer has been made to release the appellants on bail, during pendency of appeal.

Learned counsel for the appellants submits that the appellants are in custody since 28.7.2016 i.e. from the date of passing of judgment of conviction and they were all along on bail, during trial, and never misused the privilege granted to them. Learned counsel further submitted that the present appeal is not likely to be taken up for hearing in near future and therefore, they may be released on bail.

Learned A.P.P. has vehemently opposed the prayer of bail and submitted that there is ample evidence against the appellants, inasmuch as several prosecution witnesses have specifically stated about the role played by the appellants in commission of crime and the doctor(PW-7), who has conducted the autopsy over the dead body and proved the post mortem report(Ext.3), has also corroborated the statements of the prosecution witnesses. The learned A.P.P. , in the aforesaid backdrop, has stated that the appellants may not be granted bail, during pendency of appeal. He, however, did not dispute the fact that appellants were all along on bail, during trial, and they never misused the said privilege.

Perused the lower court records.

Considering the facts and circumstances of the case and the evidence of PW- to 7 as well as the fact that appellants were all along on bail, during trial, and never misused the privilege granted to them, this Court directs the trial court (learned Additional Sessions Judge-V, Palamau at Daltonganj) to admit appellants( Girja Shankar Shukla and Jawahar Paswan) on bail, during pendency of appeal, on such terms and conditions as it may deem fit and proper in connection with Sessions Trial No. 162 of 2010.

In the circumstance, this Court directs the Member Secretary, JHALSA, Ranchi to obtain an application from the widow of the deceased (PW-5) for releasing the amount of compensation under Section 357(A) Cr.P.C. and upon receipt of such application, consider the same as per the Victim Compensation Scheme, 2016 and dispose of the same within three months from the date of its receipt.

This Court further directs the Registry to hand over a copy of this order to the Member Secretary, JHALSA, Ranchi forthwith for needful.

I.A. No. 7176 of 2016 stands disposed of.