Lalan Ram vs State of Jharkhand

Mr. Pradip Kumar Mohanty, Actg.C.J. - I.A. No. 2556 of 2016

Heard Mr. Rajeeva Sharma, learned senior counsel for the appellants, Mr. Suraj Verma, learned Addl. P.P. appearing for the State, and Mr. P.K. Sinha, learned counsel for the informant, on the Interlocutory Application bearing I.A. No. 2556 of 2016, wherein prayer has been made to enlarge all the appellants on bail.

Mr. Sharma submitted that all the appellants have been convicted for the offence under Sections 302/34 and 498-A of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code besides fine. Learned counsel further submitted that the appellants were all along on bail during trial and they never misused the liberty granted by the Court 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. It is further submitted that this appeal is not likely to be heard within twelve years and therefore, all the appellants may be released on bail.

Mr. Suraj Verma, learned Addl. P.P. appearing for the State, assisted by Mr. P.K. Verma, learned counsel for the informant, has vehemently opposed the prayer for bail of the appellants and submitted that the deceased died within one year of her marriage due to non-fulfilment of demand of dowry and torture. The evidence of P.W.4-own brother of the deceased is very cogent and clear and the evidence of P.W. 4 is corroborative to the evidence of P.W.5-father of the deceased. P.W. 7-Dr. Vikash Kumar has also corroborated the oral evidences of the witnesses and hence the appellants do not deserve to be released on bail. However, learned Addl. P.P. admitted that the appellants were all along on bail during trial and they never misused the liberty granted by the Court.

Having heard learned counsel for the parties and after going through the judgment of the trial court and considering the submission that the appellants were all along on bail during trial and they never misused the liberty granted by the Court as well as the evidences of P.Ws. 4, 5 and 7, the trial court (2nd Additional Sessions Judge, F.T.C., Bermo at Tenughat) is directed to admit all appellants namely, Lalan Ram @ Siya Ram Dome @ Siya Kant Dome, Jitendra Kumar, Satyendra Kumar, Tulsi Ram, Anita Devi and Chinta Devi, on bail, during pendency of the appeal, on such terms and conditions as he may deem fit and proper in connection with Sessions Case Nos. 158 of 2012/317 of 2012/ 106 of 2013.

I.A. No. 2556 of 2016 stands disposed of.