Vipin Bihari Mahto And Ors vs State Of Jharkhand

I.A Nos.7621 of 2019 and 7622 of Seven appellants, namely, Bhim Prasad Mahto, Arjune Prasad Mahto, Lakhiram Mahto, Radhika Mahto, Ram Prasad Mahto, Gahnu Mahto and Vipin Bihari Mahto were granted bail by this Court vide orders dated 30.07.1993 and 14.10.1993.

Thereafter this criminal appeal was posted for hearing on 11.12.2018. By the said order, the officer-in-charge of the concerned police station was directed to serve the notice of hearing of this criminal appeal upon the appellants and in compliance of the order dated 11.12.2018 a report was produced in the Court stating that notice has been served upon all the appellants, except the appellants, namely, Gahnu Mahto and Radhika Mahto. In the mean-time, the appellant no.1-Gahnu Mahto and the appellant no.6-Radhika Mahto have passed away.

It appears that in view of the reports submitted by the officer-in-charge,Thakur Gangti, Meherma P.S, the bail granted to the appellants, namely, Vipin Bihari Mahto, Bhim Prasad Mahto, Arjune Prasad Mahto, Lakhiram Mahto and Ram Prasad Mahto was cancelled.

Interlocutory Applications vide I.A Nos.7621 of 2019 and 7622 of 2019 have been filed for grant of bail.

Sri R.S. Mazumdar, the learned Senior counsel for the appellants states that the appellants, namely, Bhim Prasad Mahto, Arjune Prasad Mahto and Ram Prasad Mahto have been taken into custody on 22.06.2019. In respect of the appellants, namely, Vipin Bihari Mahto and Lakhiram Mahto it is stated that on account of their engagement outside the State they could not prosecute this criminal appeal and for no fault of theirs their bail-bonds have been cancelled.

Since these appellants have been granted bail by a co-ordinate Bench of this Court, on merits we cannot examine their cases and the order dated 29.04.2019 has been passed primarily due to absence of the learned counsel for the appellants.

Accordingly, it is ordered that the appellants, namely, Bhim Prasad Mahto, Arjune Prasad Mahto and Ram Prasad Mahto shall be released on bail on their furnishing an undertaking before the court below that whenever their presence is required they shall make themselves present before this court and ensure that when this criminal appeal is taken-up for hearing they are represented through their learned counsel.

The appellants, namely, Vipin Bihari Mahto and Lakhiram Mahto are directed to surrender before the court below and on their furnishing a similar undertaking in the court below they shall also be released on bail, preferably on the same day.

I.A Nos.7621 of 2019 and 7622 of 2019 are allowed.

Post this criminal appeal in the month of April, 2020.

The learned assisting counsel shall prepare a tabular chart on the prosecution's evidence disclosing specific role played by each of the surviving appellants.

Let a copy of the order be given to the learned assisting counsel to Mr. R.S. Mazumdar, the learned Senior counsel and the learned Spl. P.P.

Let a copy of the order be transmitted to the court concerned through 'Fax'.