NARESH BAGHOUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Nobody appears on behalf of the appellants to press this appeal. It appears that nobody appeared on 23.09.2010 when the case was called out. Accordingly, Mr. A.B. Mahato, learned panel lawyer, is appointed as Amicus Curiae to assist this court. Mr. V.S. Sahay, learned State counsel appears for the State. Both are directed to assist this court in this appeal in the second half. (R.K. Merathia, J) Later on: Heard the parties on the merits at length.

(2.) This appeal is directed against the judgment of conviction dated 23.09.2002 passed by the learned 4 th Additional Sessions Judge, Dumka in Sessions Case No. 32 of 1994 convicting the appellants under sections 147 and 448 IPC and further convicting the appellant no. 1-Naresh Baghout under section 323 IPC, but instead of sentencing them at once, they were directed to be released on their entering into a bond of Rs. 2,000/- with two sureties to appear and receive sentence when called upon during the period of two years.

(3.) After hearing the parties and going through the records carefully, no grounds are made out for interference with the judgment of conviction passed by the trial court against theappellants under sections 147,448 and 323 IPC and the order releasing the appellants on probation by entering into a bond. It further appears that the appellants were released on probation to maintain good conduct and instead of sentencing them at once, they were directed to be released on their entering into a bond of Rs. 2,000/- with two sureties. It appears that for all practical purposes, this appeal has become infructuous. Be that as it may.