Mohan Singh And Ors vs State Of Jharkhand

Heard learned counsel for the appellants and learned counsel for the State on the interlocutory application filed by the appellants for granting bail

during the pendency of the appeal.

The appellants have been convicted and sentenced for the offences under Sections 302, 201/34 of the Indian Penal Code.

There is allegation against the appellants to have committed the murder of a boy, who was allegedly having some affair with the daughter of the

appellant No.1.

From the materials brought on record, it appears that the deceased was seen with two girls, one of whom was the daughter of the appellant No.1,

going on a motorcycle and thereafter, his decomposed dead body was recovered.

Though it appears from the evidence of the I.O. that on the basis of the confessional statement of the appellant No.1 Mohan Singh, the dead body of

the deceased as also the motorcycle of the brother-in-law of the deceased were recovered, and on the basis of the confessional statement of the

appellant Mainu Singh, one gulel, rope and bamboo were recovered, but the manner of occurrence as allegedly disclosed by the appellants does not

find support from the post mortem report proved by the Doctor conducting the post mortem examination. According to the Doctor conducting the post

mortem examination, there was sharp cutting injury on the base of neck separating the head from the trunk, but there is no such description of murder

in the confessional statements of the accused persons. Even the inquest report proved by the I.O. does not show any such sharp cutting injury on the

dead body and as such, there is vital difference between the post mortem report and the inquest report. No sharp cutting weapon was recovered on

the basis of the confessional statements of these appellants.

In the facts and circumstances of the case, we are inclined to release the appellants on bail. Accordingly, appellants Mohan Singh and Mainu Singh

are directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of

the like amount each, to the satisfaction of learned Additional Sessions Judge-V, Gumla, in connection with S.T. No340 of 2013.

The aforesaid interlocutory application is accordingly, allowed.