Makri Rathod, aged about 40 years, wife of Parmu Rathod, resident of Ward No.12 v. With Criminal Appeal (DB) No. 337 of 2023 Kamar Singh Parihar, aged about 38
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Appellate Jurisdiction) Criminal Appeal (DB) No. 347 of 2023 Makri Rathod, aged about 40 years, wife of Parmu Rathod, resident of Ward No.12, Berar Road, PO & PS Berar, District Shivpuri, State Madhya Pradesh. The State of Jharkhand .... Appellant ... Respondent Versus With Criminal Appeal (DB) No. 337 of 2023 Kamar Singh Parihar, aged about 38 years, son of Ram Ji Lal Parihar, resident of village Ranipura, PO & PS Rathkeda, District Shivpuri, State Madhya Pradesh. .... Appellant The State of Jharkhand Versus With ... Respondent Criminal Appeal (DB) No. 340 of 2023 Pappu Parihar @ Rajesh Parihar, aged about 33 years, son of Babu Parihar, resident of village Khoda, PO Bilbara, PS Barod, District Shivpuri, State Madhya Pradesh. .... Appellant The State of Jharkhand Versus With ... Respondent Criminal Appeal (DB) No. 348 of 2023 Mantu Goswami, aged about 58 years, son of late Jagni Giri Goswami, resident of village Barowdi, PO & PS Kotwali, District Shivpuri, State Madhya Pradesh .... Appellant The State of Jharkhand ... Respondent Versus
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND ------------- For the Appellants For the State : Mr. Vikas Kumar, Advocate [in all cases] : Mrs. Vandana Bharti, APP [in Cr. Appeal (DB) Nos. 347/23 & 340/23] Mr. Shiv Shankar Kumar, APP [in Cr. Appeal (DB) No. 337/23] Mr. Shailesh Kumar Sinha, APP [in Cr. Appeal (DB) No. 348/23] --------------- th April 2023 Order No.04/ Dated: 27 The instant appeals under section 21(4) of the N.I.A. 2 Cr. App. (DB) No.347 of 2023 with analogous matters (National Investigation Agency) Act, 2008 have been directed against the common order dated 21.2.2023 passed by the learned Special Judge POCSO, Jamshedpur in Special (POCSO) Case No. 28/2022 separately on Misc. Criminal Application No. 2586 of 2022, Misc. Criminal Application No. 413 of 2023, Misc. Criminal Application No. 516 of 2023 and Misc. Criminal Application No. 517 of 2023 whereby and whereunder the prayer for bail in connection with Gurabandha PS Case No. 01 of 2022, corresponding to Spl. (POCSO) Case No. 28 of 2022 for the offence registered under sections 368, 370, 420, 120B/34 and 370 (1), (2), (3), (4), 376, 376(1) of the Indian Penal Code, Section 4 and 6 of the POCSO Act, has been rejected. 2. The learned counsel appearing for the appellants has submitted that one of the co-accused, namely, Kuber Singh Parihar @ Kuver has been directed to be released on bail by an order passed by co-ordinate Bench of this Court dated 29th November 2022 in Criminal Appeal (DB) No. 1281 of 2022 on the ground that the witness who has been examined after commencement of the trial, PW1, victim girl has been declared hostile by the prosecution. The learned counsel appearing for the appellants, therefore, has submitted that by now altogether 4 witnesses have been examined who are the victim girls as PW1, PW2, PW3 and PW4. A copy of testimony of the such witnesses has been filed in the supplementary affidavit appended to the Criminal Appeal (DB) No. 340 of 2023 and as per the depositions it appear that they have been declared to be hostile. The learned counsel appearing for the appellants, therefore, submits that since one of the co-accused, namely, Kuber Singh Parihar @ Kuver has been directed to be released on bail by taking into consideration the fact that PW1, the victim girl, has been declared to be hostile and when altogether 4 witnesses have been examined who have also been declared to be hostile as also they have not identified the appellants in the Court, the present appellants should have also been enlarged on bail. 3. While, on the other hand, Mrs. Vandana Bharti, Mr. Shiv 3 Cr. App. (DB) No.347 of 2023 with analogous matters Shankar Kumar and Mr. Shailesh Kumar Sinha, the learned Additional Public Prosecutors appearing for the State have submitted that since the trial has not been completed and, as such, it would be just and proper to direct the learned trial court to expedite the trial instead of considering the application for their release on regular bail. However, the fact about the version of the victim, PW1 to PW4 as has been appended alongwith this supplementary affidavit in Criminal Appeal (DB) No. 340 of 2023 has not been disputed. It has further been submitted that the victim girl has been recovered on the confession being made by the appellant in Criminal Appeal (DB) No. 347 of 2023. However, they have not disputed that the victim girls have been declared to be hostile. 4. This Court after considering the rival submission advanced on behalf of the parties and after having gone through case diary and considering the fact that the co-ordinate Bench of this Court while considering the prayer for regular bail of one of co-accused, namely, Kuber Singh Parihar @ Kuver in Criminal Appeal (DB) No. 1281 of 2022 has enlarged him on bail on the basis of fact that the PW1 namely, Sumitra Sabar has been declared to be hostile. It is pertinent to note herein that after the examination of the PW1 and the other 3 witnesses, the victim girls, have been examined who have also been declared to be hostile and they have not identified the appellants. 5. Considering the aforesaid fact, this Court is of the view that since one of the accused has already been granted bail on the consideration of the fact that PW1, victim girl has been declared hostile and PW1 to PW4 have also been declared to be hostile and have not identified the appellants, therefore, we are of the view that the impugned order dated 21.2.2023 passed by the learned Special Judge POCSO, Jamshedpur in Special (POCSO) Case No. 28/2022 separately on Misc. Criminal Application No. 2586 of 2022, Misc. Criminal Application No. 413 of 2023, Misc. Criminal Application No. 516 of 2023 and Misc. Criminal Application No. 517 of 2023 requires interference. 6. Accordingly, the impugned order dated 21.2.2023 passed by the learned Special Judge POCSO, Jamshedpur in Special (POCSO) Case 4 Cr. App. (DB) No.347 of 2023 with analogous matters No. 28/2022 separately on Misc. Criminal Application No. 2586 of 2022, Misc. Criminal Application No. 413 of 2023, Misc. Criminal Application No. 516 of 2023 and Misc. Criminal Application No. 517 of 2023 is, hereby, quashed and set aside. 7. In consequence thereof, each of the appellants, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V- cum-special Judge (POCSO), Jamshedpur in connection with Gurabandha PS Case No. 01 of 2022, corresponding to Spl. (POCSO) Case No. 28 of 2022 separately on Misc. Criminal Application No. 2586 of 2022, Misc. Criminal Application No. 413 of 2023, Misc. Criminal Application No. 516 of 2023 and Misc. Criminal Application No. 517 of 2023, subject to the condition that they shall appear in each and every date of the trial, which is going on. 8. In view thereof, the instant appeal stands allowed. (Sujit Narayan Prasad, J.) (Subhash Chand, J.) RKM