Sidiyo Gagrai @ Sidiu Gargrai & Anr. vs The State Of Jharkhand

I.A. No. 4954 of 2016 has been filed on behalf of appellants – Sidiyo Gagrai @ Sidiu Gargrai and Raja Bodra @ Raja @ Shankar Bodra under Section 389 (1) of the Cr.P.C. is pressed.

Heard learned counsel for the appellant and learned APP for the State.

Two appellants have faced the trial in S.T. No. 149/2011 before the Court of Sri Rama Kant Mishra, learned Additional Sessions Judge, West Singhbhm at Chaibasa, who under judgment dated 29.06.2016 has held the appellant no. 1 guilty for an offence under Section 307 read with Section 120B of the I.P.C. and sentenced with R.I. of six years and fine of Rs. 2000/- for an offence under Section 307 read with Section 120B of the I.P.C., in default of payment of fine, S.I. for one month. However, appellant no. 2 has been held guilty for the offence under Section 307 read with Section 120B of the I.P.C. and Section 27 of the Arms Act and sentenced for R.I. for six years and fine of Rs. 2000/- for offence under Section 307 read with Section 120B of the I.P.C. and further R.I. for four years and fine of Rs. 2000/- for offence under Section 27 of Arms Act and in default of payment of fine S.I. for two months has been awarded.

Learned counsel for the appellants has submitted that from close scrutiny of evidence of P.W.-1, Raja Bodra, appellant no. 2 had fired one gun shot injury, which is received by Hiramuni Bodra on her leg, which is not a vital part. Appellants are in custody for about four years. It is further submitted that the regular criminal appeal (S.J.) of 2003-04 have been heard. So, there is no likelihood of appeal being heard in near future. Therefore, it is prayed that the appellants may be admitted on bail after suspending his sentence.

Learned APP opposed the prayer for bail.

In the facts and circumstances, I am inclined to admit the appellants on bail and suspend the sentence awarded to the appellants and appellants, namely, Sidiyo Gagrai @ Sidiu Gargrai and Raja Bodra @ Raja @ Shankar Bodra are directed to be released on bail, during pendency of this appeal, on furnishing bail bonds of Rs. 15,000/- (Rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, West Singhbhum, Chaibasa, in connection with S.T. No. 149/2011 arising out of Bandgaon (Keraikela) P.S. Case No. 6 of 2011 corresponding to G.R. No. 64 of 2011, subject to the condition that on the date of furnishing bail bond appellant no. 2 shall deposit Rs. 10,000/- in the court below by way of ad interim compensation.

After deposition of the aforesaid amount, the trial court will issue notice to the victim – Heeramuni Bodara, W/o Arjun Bodara, resident of Saraidih, P.S. -Chakardharpur, District – West Singhbhum and on her appearance and on proper verification, the trial court shall release the aforesaid amount in her favour by way of ad interim compensation in terms of Jharkhand Victim Compensation Scheme.

Further, Secretary, DLSA, West Singbhum, Chaibasa shall frame a scheme for the victim by way of compensation from the State fund in terms of the Jharkhand Victim Compensation Scheme and shall submit a report to this Court.

I.A. No. 4954 of 2016 stands disposed of.

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