Rajesh Kachhap vs The State of Jharkhand

Cr. Appeal (DB) No.362 of 2007

This appeal has been directed to be heard together with Criminal Appeal (DB) No.959 of 2008 as both these appeal arise out of the common

impugned judgment dated 19th December, 2006. While the appellant Rajesh Kachhap is in custody, the appellant James Toppo @ Sagar Toppo

@ Rohit Toppo was enlarged on bail during pendency of the appeal by order dated 6th December, 2007.

Learned counsel for the appellant in Criminal Appeal (DB) No.362 of 2007 submits that perhaps the appellant is no more. No one has come

forth to furnish further instruction in the matter either.

In these circumstances, we direct the Superintendent of Police, Ranchi to enquire about the status of the appellant James Toppo @ Sagar

Toppo @ Rohit Toppo, son of Late Alfred Toppo, resident of Hesgi, P.S. Mandar, District-Ranchi and ascertain whether he is alive or dead.

Let a report be submitted to the Court accordingly within a period of four weeks positively.

We are informed that learned A.P.P. Mr. Manoj Kumar earlier representing the State in the instant appeal is now Standing Counsel and may

not be representing the State in the present appeal. In that case, Mr. Vinay Kumar Tiwary, A.P.P. who represents the State in the connected

appeal should also represent the respondent-State in the present appeal as both the appeals arise out of the common impugned judgment. The

name of Mr. Vinay Kumar Tiwary be also reflected as counsel for the State in Criminal Appeal (DB) No. 362 of 2007 henceforth.

Let a copy of the order be handed over to learned A.P.P. Mr. Vinay Kumar Tiwary by 5th January, 2018 for obtaining instruction.

List both the appeals accordingly after four weeks under the same heading.