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Bijay Mahtoand and Another Vs State of Jharkhand

Case No: Criminal Application (DB) No. 663 of 2005

Date of Decision: July 19, 2011

Hon'ble Judges: R.K. Merathia, J; P.P. Bhatt, J

Bench: Division Bench

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Judgement

@JUDGMENTTAG-ORDER

I.A. No. 959 of 2011

1. Mr. B.M.Tripathy, learned senior counsel appearing for the Appellants submitted that this interlocutory application has been filed for bail on

behalf of Appellant no. 2 Raviwari Mahtain. He further submitted that though the prayer for bail of both these Appellants was earlier rejected on

merit on 22/08/2005 but she has now remained in jail for about six years; and that she was on bail during trial and as per the prosecution case, the

main allegations are against Appellant no.1 Bijay Mahto and this Appellant no.2 happens to be his mother-in-law.

2. Keeping in view the fact that Appellant no.2 is a lady and she was on bail during trial and she has remained in jail for about six years after the

judgment, during pendency of the appeal, Appellant no.2 Raviwari Mahtain is directed to be released on bail on furnishing bail bonds of

Rs.10,000/-(ten thousand ) with two sureties of the like a mount each to the satisfaction of the trial court (Sessions Judge, Saraikel-Kharsawan at

Saraikela) in connection with Sessions Trial No. 46 of 2004, subject to the conditions that one of the bailers will be her close relative and the other

should have landed property with in the local jurisdiction of the Court.