Jharkhand High Court
Shyam Rawani vs The State Of Jharkhand on 30 June, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 1023 of 2023
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1. Shyam Rawani
2. Nitai Ram @ Rawani … … Appellants
Versus
The State of Jharkhand … … Respondent
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CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON’BLE MR. JUSTICE AMBUJ NATH
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For the Appellants : Mr. A.K. Kashyap, Sr. Adv.
For the State : Mrs. Vandana Bharti, A.P.P.
For the Informant : Mr. Onkar Nath Tewary, Adv.
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I.A. No. 5419 of 2025
05/30.06.2025 Heard Mr. A.K. Kashyap, learned Senior Counsel
for the appellants and Mrs. Vandana Bharti, learned A.P.P.
for the State assisted by Mr. Onkar Nath Tewary, learned
counsel appearing for the informant.
This interlocutory application has been preferred
by the appellants for grant of bail to them during the
pendency of this appeal.
The appellants have been convicted for the
offences punishable u/s 148, 323/149, 427/149, 435/149,
302/149 and 120B of the Indian Penal Code and have been
sentenced to undergo Imprisonment for life along with a
fine of Rs. 30,000/- for the offence u/s 302/149 of the
Indian Penal Code.
It has been alleged that while Diwakar Jha was
constructing his house, all the accused persons came and
subsequently they attacked Diwakar Jha which resulted in
his death.
Submission has been advanced by the learned
Senior Counsel for the appellants that the allegations are
general and omnibus in nature so far as the present
appellants are concerned. It has been submitted that in
similar circumstances some of the co-convicts have been
granted bail by this Court in Cr. Appeal (DB) No. 1100 of
2023 and Cr. Appeal (DB) No. 1039 of 2023.
Mrs. Vandana Bharti, learned A.P.P. as well as
Mr. Onkar Nath Tewary, learned counsel for the informant
have opposed the prayer for bail of the appellants and have
submitted that specific allegation has been levelled against
the appellants and their case is distinguishable to the case
of co-convicts who have been granted bail by this Court. It
has been submitted that the appellants were instrumental
in dragging the deceased from his car and also burning the
car. It has been submitted that so far as the appellant no. 1
is concerned, he is said to have committed assault on the
hand of the informant.
On consideration of the evidence of the
witnesses, it appears that the allegations are general and
omnibus in nature so far as these appellants are concerned
and their case is similarly situated to those co-convicts who
have been granted bail which have been noted above.
Regard being had to the above, during the
pendency of this appeal, the appellants, named above, are
directed to be released on bail on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand only) each with two
sureties of the like amount each, to the satisfaction of
learned Additional Sessions Judge-II, Deoghar in Sessions
Trial No. 331 of 2014.
I.A. No. 5419 of 2025 stands disposed of.
(Rongon Mukhopadhyay, J.)
(Ambuj Nath, J.)
A. Sanga/-
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