Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 379 of 2012 Manoj Giri Appellant Versus The State of Jharkhand Respondent ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Appellant : Mr. Santosh Kumar, Advocate For the State : A.P.P. ------- 10/23.08.2013 Heard learned counsel for the appellant and learned A.P.P. appearing for the State on the matter of bail. Learned counsel appearing for the appellant submits that initially a case was registered under Section 304B of Indian Penal Code when the wife of this appellant was found dead. On submission of the charge- sheet, charges were framed under Section 304B and 302 of Indian Penal Code, which was tried by the Additional Sessions Judge-III, Dhanbad. However, the court did not find the allegation to be true either under Section 304B or under Section 302 of Indian Penal Code. However, the court did convict this appellant for the offence punishable under Section 306 of Indian Penal Code though no evidence whatsoever is there that this appellant did anything so as to abet the deceased to commit suicide and that the appellant has remained in custody for almost about five years whereas the appellant has been sentenced to undergo rigorous imprisonment for ten years and thereby it can be said that this appellant has already served half of the sentence of the maximum sentence imposed upon him. Regard being had to the facts and circumstances, the appellant, above named, is directed to be enlarged on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-III, Dhanbad in S.T. No. 162 of 2009. (R.R. Prasad, J.) AKT