MITHILESH BHANDARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals are heard together as they arise from the same complaint case. The appellants have faced the trial in S.T. No. 106/2014 before the Court of Sri Shiv Pal Singh, learned Additional Sessions Judge-II, Godda, who under judgment dated 04.04.2019 has held the appellants guilty under Section 304 (B) of I.P.C. and further under order dated 09.04.2019 awarded sentence to undergo R.I. for seven years. The Cr. Appeal (S.J.) No. 435/2019 was filed on 24.04.2019 and on 16.05.2019, the appeal was admitted for hearing and L.C.R. was called for and learned Rakesh Kumar Sinha accepts the notice on behalf of the State. The Cr. Appeal (S.J.) No. 436/2019 was filed on 24.04.2019 and on 16.05.2019, the appeal was admitted for hearing and L.C.R. was called for and learned Vipul Divya accepts the notice on behalf of the State.

(2.) It appears that under order dated 09.07.2019, the LCR was received, but it was xerox copy of the original L.C.R., so original L.C.R. was called for. Now the original L.C.R. has been received. I.A. No. 4081 of 2019 and I.A. No. 4080 of 2019 filed under Section 389(1) of the Cr.P.C. on behalf of the appellants for suspension of sentence and for admitting the appellants on bail has been pressed. As per evidence of P.W.-9, who is mother of the deceased, that her daughter was married to Mithilesh Bhandari @ Mithlesh Bhandari (appellant in Cr. Appeal (S.J.) No. 435/2019) and she was blessed with one son. Further, Suchan Bhandari @ Subhand Bhandari (appellant in Cr. Appeal (S.J.) No. 436/2019) is the father-in-law of the deceased.

(3.) Learned counsel for the appellants has submitted that neither the post-mortem report has been proved nor the doctor has been examined in this case, so the reason of death cannot be ascertained. Learned APPs opposed the prayer for bail of the appellants. After hearing the parties and taking into account the fact that the doctor has not been examined, I am inclined to admit the appellant namely, Suchan Bhandari @ Subhand Bhandari (appellant in Cr. Appeal (S.J.) No. 436/2019) on bail after suspending the order of sentence during pendency of the appeal and he is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Godda, in connection with S.T. No. 106 of 2014 (arising out of P.C.R. Case No. 574/2010). I.A. No. 4080 / 2019 stands allowed. So far prayer for bail of Mithilesh Bhandari @ Mithlesh Bhandari (appellant in Cr. Appeal (S.J.) No. 435/2019) is concerned, it will be considered on the next date.