Md. Shahjahan vs The State Of Jharkhand
2021 Latest Caselaw 1724 Jhar

                                 -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.654 of 2020

    1.     Md. Shahjahan
    2.     Md. Farooque @ Farooq                      ......       Petitioners

                             Versus
    The State of Jharkhand                            .....     Opp. Party
                             ---------

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioners      : Mr. Rama Kant Tiwari, Advocate
    For the State            : Ms. Mohua Palit, A.P.P
                              ---------
05/Dated: 08th April, 2021

    1.     Learned    counsel    for      the    petitioners         prays   for

suspension of sentence and grant of ad-interim bail to the petitioners, during the pendency of the revision.

It is submitted that the petitioners have been convicted for the offence under Sections 392/34, 468 and 471 of the Indian Penal Code vide judgment dated 13.07.2020 passed by the learned Sessions Judge, Godda, in Cr. Appeal No.22 of 2020 and sentenced to undergo rigorous imprisonment of five years with fine of Rs.1,000/- for the offence under Section 392/34 of the Indian Penal Code and for the offence under Section 468 and 471 of Indian Penal Code they have been sentenced to under go rigorous imprisonment of one year with fine of Rs.500/- on each count, in default thereof, to suffer rigorous imprisonment of one (1) month.

It is submitted that similarly situated co-accused Md. Iqbal has been granted bail in Cr. Revision No.1358 of 2019 vide order dated 03.06.2020.

2. Learned A.P.P has opposed the prayer for bail.

3. Heard. On perusal of the materials on record, it appears that the petitioners are in custody since 04.11.2017, i.e., for 3 years outof the imposed sentence of 5 years. Thus, considering the period of custody, the petitioners are directed to be enlarged on bail, during the pendency of the revision, on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties

of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Godda in connection with G.R. Case No.1426 of 2017/T.R No.2340 of 2019, subject to the condition that the petitioners shall deposit the fine amount of Rs.2,000/- (Two thousand) each, in the court below.

4. This revision shall be heard.

5. Admit.

6. The lower court record has already been received.

7. Office to list the revision under the heading 'For Hearing', in seriatim, as per age.

(AMITAV K. GUPTA, J.) Chandan/-