Nand Kishore Singh And Ors vs State Of Jharkhand

The interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-

interim bail to the appellants, during the pendency of the appeal.

The appeal is directed against the judgment dated 18.03.2020 & 29.05.2020 passed by the court of learned Additional Sessions Judge-I, Chatra, in

S.T Nos. 136 of 2013 and 35 of 2014, arising out of Rajpur P.S. Case No.22 of 2013 whereby the appellants have been convicted for the offence

under Sections 307, 325, 448 read with 34 of the Indian Penal Code (for short I.P.C.) and sentenced to undergo rigorous imprisonment of seven years

with fine of Rs.10,000/- each for the offence under Sections 307, 448 read with 34, in default thereof to suffer simple imprisonment of three months.

Heard the learned counsel for the appellants and learned APP. On perusal of the testimony of PWs-5 & 6, the injured witnesses, it appears that

they have stated that the accused Anita Devi had assaulted with tangi. PW-7, the Doctor did not find any sharp cut injury on the person of PW-5 and

PW-6. It is stated that Nand Kishore Singh & Mukesh Singh had struck with lathi on hand and PW-7, the Doctor found fracture on the hand of PW-6,

and other injuries were simple in nature. The appellants had also filed a counter case. Both the parties are agnates and the occurrence has taken place

due to land dispute.

Having regard to the materials on record, I am inclined to suspend the sentence of the appellants and enlarge them of bail, during the pendency of the

appeal, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of the

learned Additional Sessions Judge-I, Chatra, in S.T. Case Nos. 136 of 2013 and 35 of 2014 subject to the condition that they shall deposit Rs.5,000/-

each as part of the fine amount in the court below.

In the result I.A. No.3887 of 2020 stands allowed. Cr. Appeal (S.J.) No. 382 of 2020

Office to list the appeal under appropriate heading in seriatim as per age.