RAMU MANDAL & OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State on the point of bail.

(2.) The present interlocutory application has been filed for grant of bail to appellant no. 3-Sanjay Mandal during pendency of the appeal.

(3.) It appears that earlier the prayer for bail of appellant no. 3 was rejected by this Court on 9.5.2014. Learned counsel for the appellant while assailing the impugned judgment dated 6th February, 2014 vehemently submits that there is no specific allegation against appellant no. 3-Sanjay Mandal with respect to assault on the injured person. In fact, most of the witnesses such as P.W-1-Kuldeo Mandal and P.W-4-Sukar Mandal have stated that it is the appellant no. 3, who had given the order to assault the informant party. He further submits that the dispute was with respect to election of Pradhan of the village and the present appellant was one of the candidates, who was interested in getting elected to the said post. He also submits that P.W-6- Mithu Mandal had although categorically stated that the present appellant had assaulted him on his head by sword but no such allegations have been levelled by other injured witnesses with respect to such assault and as such the statement of P.W-6 is not believable. Lastly, he submits that there was no intention to commit the murder of the injured person.