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Malti Devi Vs. State of Jharkhand

Malti Devi vs State of Jharkhand

Type Court Judgment Court Jharkhand Decided Sep 23, 2013
~2 min read
https://sooperkanoon.com/case/1086431

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Citation
Court
Jharkhand High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Malti Devi

Respondent

State of Jharkhand

Excerpt

in the high court of jharkhand at ranchi cr. appeal (db) no.323 of 2013 malti devi. ……appellant. ­versus­ the state of jharkhand. ..….. respondent. ­­­­­­ coram : hon’ble mr. justice narendra nath tiwari hon’ble mr. justice p. p. bhatt ­­­­­­ for the appellant : mr. niranjan kumar, advocate. for the state : a.p.p. ­­­­­­ 05/23.09.2013: on receipt of lower courts' record, learned counsel for the appellant pressed for the appellant's suspension of sentence and her release on bail during pendency of the appeal. mr. niranjan kumar, learned counsel, appearing on behalf of the appellant, submitted that there is no evidence against the appellant, except her so­called confession and statement under section 313 cr.p.c.; the prosecution witnesses have neither supported the prosecution version nor the allegation against the appellant finds support from the medical evidence; the appellant is a lady and the case is of absolutely false implication due to family dispute. learned a.p.p. opposed the appellant's prayer but has not disputed the said contentions, which are based on record. regard being had to the facts and circumstances of the case, the appellant, above­named, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of rs.10,000/­ (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned district & additional sessions judge­i, deoghar in connection with sessions case no.272 of 2005, arising out of sarath madhupur p.s. case no.143 of 2005, corresponding to g.r. no.385 of 2005. (narendra nath tiwari, j.) (p. p. bhatt, j.) sanjay/

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.323 of 2013 Malti Devi. ……Appellant. ­Versus­ The State of Jharkhand. ..….. Respondent. ­­­­­­ CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI HON’BLE MR. JUSTICE P. P. BHATT ­­­­­­ For the Appellant : Mr. Niranjan Kumar, Advocate. For the State : A.P.P. ­­­­­­ 05/23.09.2013: On receipt of lower courts' record, learned counsel for the appellant pressed for the appellant's suspension of sentence and her release on bail during pendency of the appeal. Mr. Niranjan Kumar, learned counsel, appearing on behalf of the appellant, submitted that there is no evidence against the appellant, except her so­called confession and statement under Section 313 Cr.P.C.; the prosecution witnesses have neither supported the prosecution version nor the allegation against the appellant finds support from the medical evidence; the appellant is a lady and the case is of absolutely false implication due to family dispute. Learned A.P.P. opposed the appellant's prayer but has not disputed the said contentions, which are based on record. Regard being had to the facts and circumstances of the case, the appellant, above­named, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/­ (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned District & Additional Sessions Judge­I, Deoghar in connection with Sessions Case No.272 of 2005, arising out of Sarath Madhupur P.S. Case No.143 of 2005, corresponding to G.R. No.385 of 2005. (Narendra Nath Tiwari, J.) (P. P. Bhatt, J.) Sanjay/

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