Mithilesh Singh and Others vs State of Jharkhand

Ravi Nath Verma, J. - Heard learned counsel for the appellants and learned A.P.P. appearing for the State.

Learned counsel for the appellants submitted that while admitting this appeal on 4.3.2016, the lower court record was called for and an observation was made that the prayer for bail of the appellants shall be considered after receipt of the lower court record.

Since the lower court record has been received, Mr. Ashutosh Anand, learned counsel appearing for the appellants, prays for grant of bail to the appellants.

Learned counsel appearing for the appellants submitted that the appellants have been convicted under Section 366 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for four years with fine of Rs. 10,000/- with default clause and they have also been sentenced to undergo rigorous imprisonment for three years for the offence under Section 328 read with Section 120B of the Indian Penal Code with fine of Rs. 10,000/- with default clause but the main accused-Dilip Kumar Ram, against whom there is allegation of kidnapping, died during trial and these appellants have wrongly been implicated in this case and the witnesses, who have been examined during trial, have testified against the accused-Dilip Kumar Ram only.

It was also submitted that there was contradictory statements regarding allegations made in the FIR and the statements of the victim recorded under Section 164 Cr.P.C. and the I.O. of this case has not been examined. The appellants have remained in custody for about two months though they were throughout on bail during trial.

Learned counsel for the State opposed the prayer for bail of the appellants but fairly submitted that the main accused died during proceeding of trial.

Considering the facts and circumstances of the case, the appellants, above named, are directed to be enlarged on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000 (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Ramgarh in S.T. No. 129 of 2001, subject to payment of fine amount.