Kishto Prasad Vs. State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal(DB) No.306 of 2013 Kishto Prasad …. Appellant Versus State of Jharkhand ...Respondent Coram : The Hon’ble Mr. Justice Narendra Nath Tiwari The Hon'ble Mr. Justice P.P.Bhatt For the Appellant : Mr. Indrajit Sinha, Advocate For the Respondent : Addl.P.P. ----- 04/16.09.2013 On receipt of lower court records, learned counsel for the appellant pressed the prayer for suspension of sentence of the appellant and his release on bail during pendency of appeal. Learned counsel for the appellant submitted that there is no iota of evidence to establish charge u/s. 396 I.P.C. against the appellant; neither any overt act has been alleged nor any incriminating article has been recovered from the possession of the appellant; the prosecution witnesses have consistently said that even after the occurrence, the appellant being the conductor of the Bus remained all along with the bus and he helped the injured deceased in his treatment; the appellant is in custody for about three years. Learned APP, appearing on behalf of the State, opposed the appellant's prayer, but has not controverted the said facts and contentions based on records. Regard being had to the facts and circumstance of the case, the appellant-Kishto Prasad 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-VII-cum-FTC, Hazaribagh in Sessions Trial no.362 of 2003. ( Narendra Nath Tiwari, J.) ( P.P.Bhatt, J.) s.b.