Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.1053 of 2012 Krishna Prasad Mahto @ Kishun Appellant -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Appellant : Mr. Rajan Raj, Advocate For the State : A.P.P. For the Informant : Mr. Anoop Kr. Mehta, Advocate ------ I.A. No.1737 o”
17. 19.08.2013: In this I.A. the informant has prayed for allowing him to assist this Court. Heard learned counsel for the informant, learned counsel for the appellant and learned A.P.P. In order to provide an opportunity and on the ground mentioned in the application, we are inclined to permit the informant to appear in this case and assist the Court. This I.A. is, accordingly, allowed. I.A. No.1737 of 2013 stands disposed of. [Narendra Nath Tiwari, J.] [P.P. Bhatt, J.] -2- Cr. Appeal (D.B.) No.1053 o”
19. 08.2013 : On receipt of lower court's record, learned counsel appearing on behalf of the appellant prays for suspension of sentence of the appellant and his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that the appellant's conviction is based on suspicion and a weak evidence; extra-judicial confession of P.W.2 has been erroneously taken as an evidence to prove the appellant's guilt; there is no allegation or finding of any overt act against him; the appellant has been convicted with the help of Section 120/B, I.P.C. Learned A.P.P. as well as learned counsel appearing on behalf of the informant opposed the appellant's prayer, but have not disputed the fact that the appellant has been convicted only with the help of Section 120/B, I.P.C. and mainly relying on the extra-judicial confession of P.W.2. Regard being had to the facts and circumstances of the case, the appellant namely Krishna Prasad Mahto @ Kishun, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of Learned Sessions Judge, Bokaro in connection with S.T. No.92 of 2010. [Narendra Nath Tiwari, J.] [P.P. Bhatt, J.] Shamim/