RANCHI, India, June 4 -- Jharkhand High Court issued the following order on May 5:
Heard the learned counsel for the respective parties.
This application has been preferred by the appellant for grant of bail during the pendency of this appeal.
The appellant has been convicted for the offences under sections 302, 326 & 338 of the Indian Penal Code and has been sentenced to undergo imprisonment for life for the offence under section 302 of the Indian Penal Code.
It has been alleged that the accused persons had physically assaulted Pintu Kumar Yadav who was disabled on account of which he died.
It has been submitted by the learned counsel for the appellant that only on account of PW-2 stating about the appellant assaulting Pintu Kumar Yadav with an iron rod she has been convicted and so far as the rest of the accused persons are concerned none have been convicted under section 302 of the Indian Penal Code though allegations in the First Information Report reveal that many of them had made a concerted assault upon Pintu Kumar Yadav. It has been submitted that two of the co-convicts, namely, Jaydev Yadav and Sanket Yadav @ Ankit Yadav have been granted bail by a co-ordinate Bench of this Court in Cr. Appeal (DB) No. 814 of 2024.
Learned P.P. has opposed the prayer for bail of the appellant.
Regard being had to the fact that the appellant has been convicted only on the basis of the evidence of PW-2 and PW-11 though the other co-convicts had also participated in committing assault upon Pintu Kumar Yadav, we are inclined to admit the appellant on bail. Accordingly, during the pendency of this appeal, the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Giridih in S.T. No. 137 of 2022.
I.A. stands disposed of.
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