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Jawahar Lal Lohra Vs. State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Jawahar Lal Lohra

Respondent

State of Jharkhand

Excerpt:


.....in support of the finding of learned court below; the prosecution failed to prove the motive of the occurrence; the appellant is in custody for more than nine years. learned app, appearing on behalf of the state, opposed the appellant's prayer, but has not disputed the said contention based on records. regard being had to the facts and circumstance of the case and the long period of custody, the appellant, above named, is directed to be released on bail, during pendency of appeal, on furnishing bail bond of rs.10,000/-(ten thousand) with two sureties of the like amount, each, to the satisfaction of learned additional sessions judge(ftc-ii), seraikella in sessions trial case no.62 of 2004. ( narendra nath tiwari, j.) ( p.p.bhatt, j.) s.b.

Judgment:


IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal(DB) No.188 of 2013 Jawahar Lal Lohra . Appellant Versus State of Jharkhand ...Respondent Coram : The Honble Mr. Justice Narendra Nath Tiwari The Hon'ble Mr. Justice P.P.Bhatt For the Appellant : Mr. Rajiv Anand, Advocate For the Respondent : Addl. P.P. ----- 08/19.08.2013 On receipt of lower court records, learned counsel for the appellant prays for suspension of sentence of the appellant and his release on bail during pendency of appeal. Learned counsel for the appellant submitted that the conviction of the appellant is based on mere assumption; the prosecution failed to examine the so-called eye witness-Ralobala; there is no other clinching evidence in support of the finding of learned court below; the prosecution failed to prove the motive of the occurrence; the appellant is in custody for more than nine years. Learned APP, appearing on behalf of the State, opposed the appellant's prayer, but has not disputed the said contention based on records. Regard being had to the facts and circumstance of the case and the long period of custody, the appellant, above named, is directed to be released on bail, during pendency of appeal, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge(FTC-II), Seraikella in Sessions Trial case no.62 of 2004. ( Narendra Nath Tiwari, J.) ( P.P.Bhatt, J.) s.b.


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