Choti Mali @ Chhoti Mali vs The State of Jharkhand

Cr. Appeal (S.J.)No . 1736 of 2017

List this case along with I.A. No. 7616 of 2017 after six months.

I.A. No. 7871 of 2017 in Cr. Appeal (Sj) No. 1802 of 2017

The present interlocutory application has been filed on behalf of the appellant praying for grant of bail after suspending the sentence during the

pendency of the appeal, who has faced trial in Sessions Trial No. 321 of 2014 and by judgment of conviction dated 19.07.2017 and order of

sentence dated 20.07.2017 passed by Sri Pradip Kumar Choubey, learned District & Additional Sessions Judge1, Giridih whereby and

whereunder the trial court has convicted the appellant along with three other accused persons and sentenced to undergo R.I for eight years and fine

of Rs. 10,000/each and in default of payment of fine further undergo R.I for one more year for the offence under section 304 PartII read with

section 34 I.P.C and further sentenced to undergo S.I for six months for the offence under section 323 read with section 34 I.P.C and sentenced

to undergo S.I for 1 year and fine of Rs. 1000/each in default of payment of fine further undergo R.I for 3 months for the offence under section

324, r/w 34 I.P.C and all the sentences were directed to run concurrently.

The appeal wad admitted under order dated 30.10.2017 and L.C.R was called for which has been received.

It was submitted by the counsel for the appellants that not a single independent witness has been examined by the prosecution rather all the

witnesses are family members of the deceased.

Learned APP as well as learned counsel for the informant opposed the prayer for bail.

In the facts and circumstances of the case, I hereby suspend the sentence awarded to aforesaid appellant and accordingly, the appellant namley,

Manoj Mali (Cr. Appeal Sj No. 1802 of 2017) is directed to be released on bail during pendency of this instant appeal on furnishing bail bond of

Rs. 10,000/( Rupees ten thousands) with two sureties of the like amount each to the satisfaction of the court of Sri Pradip Kumar Choubey,

learned District & Additional Sessions Judge1, Giridih, in connection with Sessions Trial No. 321 of 2014.

I.A. No. 7871 of 2017 stands allowed and disposed of.

Let a copy of this order be communicated to the trial court through FAX.