Chandrahas Choudhary Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (DB) No. 51 of 2013 Chandrahas Choudhary Appellant -V e r s u s- The State of Jharkhand Respondent. CORAM: - HONBLE MR. JUSTICE NARENDRA NATH TIWARI. HONBLE MR. JUSTICE P.P. BHATT. For the Appellants : - Mr. Kailash Prasad Deo, Advocate. For the State : - Mr. Ravi Prakash, A.P.P. 07/12.08.2013 After receipt of the lower court records, learned counsel for the appellant prays for release of the appellant on bail, during pendency of the appeal. Learned counsel for the appellant submitted that even if the entire prosecution case is taken as it is, ingredients of Section 364 of the Indian Penal Code is missing; conviction of the appellant is not supported by any legal evidence; there are contradictory statements of the witnesses; the manner of allegation does not make out any case under Section 364 of the Indian Penal Code; one co-convict, Ramdhani Yadav has been released on bail in Criminal Appeal (DB) No. 157 of 2013. Learned A.P.P. opposed the appellant's prayer for bail but has not disputed the said contentions. Regard being had to the nature of allegation and the materials and evidences on record, the appellant, above-named, 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 Additional Sessions Judge, Godda in Sessions Case No. 262 of 1996. (Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK