Jharkhand High Court
Saud Ansari vs The State Of Jharkhand on 17 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 115 of 2013
With
Cr. Appeal (DB) No. 71 of 2021
1. Saud Ansari, son of late Makbul Ansari, resident of village Piru Tola, PO
& PS Pithoria, District Ranchi.
2. Mahiuddin Ansari, son of late Makbul Ansari, resident of village Piru Tola,
PO & PS Pithoria, District Ranchi.
3. Asimuddin Ansari, son of late Makbul Ansari, resident of village Piru Tola,
PO & PS Pithoria, District Ranchi.
4. Masiuddin Ansari, son of late Makbul Ansari, resident of village Piru Tola,
PO & PS Pithoria, District Ranchi.
5. Tabrej Ansari, son of Mahiuddin Ansari, resident of village Piru Tola, PO
& PS Pithoria, District Ranchi.
6. Shaifulla Ansari, son of Saud Ansari, resident of village Piru Tola, PO &
PS Pithoria, District Ranchi. ... ... Appellants
[In Cr. A.(DB) No.115 of 2013]
1. Gulzar Ansari, son of late Suleman Ansari.
2. Islam Ansari, son of late Suleman Ansari.
3. Irsad Ansari, son of Aalam Ansari.
All residents of village Piru Tola, PO Khapiri, PS Pithoria, District
Ranchi. ... ... Appellants
[In Cr. A.(DB) No.71 of 2021]
Versus
The State of Jharkhand ... .... Respondent
[In both cases]
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(Through V.C.)
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Akhouri Awinash Kumar, Advocate
[In Cr. A.(DB) No.115 of 2013]
Mr. Rana Surjit Singh, Advocate
[In Cr. A.(DB) No.71 of 2021]
For the State : Mr. Ravi Prakash, Spl.PP
--------
th
Order No.19/Dated: 17 August, 2021
In Cr. Appeal (DB) No. 85 of 2013, the appellant, namely, Aalam
Ansari was released on completion of the sentence inflicted upon him in
Sessions Trial No. 619 of 2003.
It appears on a statement made by the learned counsel for the
appellant, namely, Aalam Ansari that the appellant does not intend to press
Cr. Appeal (DB) No. 85 of 2013 on merits, by an order dated 25.03.2021
Cr. Appeal (DB) No. 85 of 2013 stood dismissed qua the appellant, namely,
-2- Cr. Appeal (DB) No. 115 of 2013 with
Cr. Appeal (DB) No. 71 of 2021
Aalam Ansari.
In Cr. Appeal (DB) No. 115 of 2013, there are six appellants out of
whom the appellant Nos. 2, 3 and 4 were released on completing the sentence
awarded to them in Sessions Trial No. 619 of 2003 and the appellant Nos. 1,5
and 6 are on bail and they are represented through Mr. Akhouri Awinash Kumar,
the learned counsel.
These criminal appeals were first listed before us on 22.03.2021.
On that day, Mr. Ravi Prakash, the learned Spl. PP had informed us regarding
release of Aalam Ansari and other three appellants on completion of the
sentence awarded to them.
On 22.03.2021, the following order was passed by this Court:
"Order No. 14/Dated: 22nd March, 2021
Mr. Dharmendra Kumar Malityar, the learned counsel
appears for the appellant, namely, Aalam Ansari in Cr. Appeal
(DB) No. 85 of 2013 and states that after completing the sentence
inflicted upon him with benefit of remission, the appellant was
released.
Mr. Ravi Prakash, the learned Spl.PP states that he has
received instructions in this regard and he shall file an
affidavit/application bringing the necessary information/document
on record.
Let the State do so within next two days.
Post this matter under the heading "For Orders" on
25.03.2021.
Cr. Appeal (SJ) No. 87 of 2013 shall be renumbered by the
Registry following the judgment of Full Bench of this Court in
Cr. Appeal (SJ) No. 1281 of 2016 and connected matters dated
19.09.2018.
In Cr. Appeal (DB) No. 115 of 2013, Mr. Akhouri Awinash
Kumar, the learned counsel appears for the appellant Nos. 1,5 and
6.
There is no representation on behalf of the other appellants.
Mr. Ravi Prakash, the learned Spl.PP however informs the Court
that besides Aalam Ansari other three appellants have also been
released, after they completed the sentence with remission.
The State shall file necessary affidavit in this regard on or
before 25.03.2021.
The Registry shall send notice on administrative side to the
learned counsels who have put in their appearance for the
appellants in Cr. Appeal (SJ) No. 87 of 2013 and Cr. Appeal (DB)
No. 115 of 2013 (except appellant Nos. 1,5 and 6 of Cr. Appeal
(DB) No. 115 of 2013), intimating them the next date of hearing.
All the appellants have either been released after
completing the sentence or are on bail.
If the appellants who are on bail are not represented
through their learned counsels on the next date of hearing, bail
granted to them by this Court may be cancelled.
Post Cr. Appeal (SJ) No. 87 of 2013 and Cr. Appeal (DB)
No. 115 of 2013 on 12.04.2021 under the heading "For Orders"."
Thereafter these criminal appeals were listed before us on
25.03.2021, 12.04.2021, 22.06.2021, 29.07.2021 and 02.08.2021. However,
-3- Cr. Appeal (DB) No. 115 of 2013 with
Cr. Appeal (DB) No. 71 of 2021
no one has appeared for the appellant Nos. 2, 3 and 4 in Cr. Appeal (DB)
No. 115 of 2013.
Today also no one appears for the appellant Nos. 2, 3 and 4 to
press Cr. Appeal (DB) No. 115 of 2013 on their behalf.
The State has filed IA Nos. 4192 of 2021 dated 16.08.2021 and
IA No. 4198 of 2021 dated 16.08.2021 to bring on record the notices served
upon the appellants in both the criminal appeals intimating them the next date
of hearing. The State has also brought on record letters/certificates from the
Jail Superintendent of the concerned jail in which the appellant Nos. 2, 3 and
4 in Cr. Appeal (DB) No. 115 of 2013 were serving sentence. According to
the information supplied by the office of the Superintendent of Open
Jail-cum- Rehabilitation Camp, Hazaribag dated 27.03.2021 the appellant
Nos. 2, 3 and 4 in Cr. Appeal (DB) No. 115 of 2013 have been released after
serving the period of sentence.
In view of the aforesaid facts, we are not inclined to adjourn
hearing of these criminal appeals awaiting appearance of the appellant
Nos. 2, 3 and 4 in Cr. Appeal (DB) No. 115 of 2013 and, accordingly, this
criminal appeal is dismissed qua the appellants, namely, Mahiuddin Ansari,
Asimuddin Ansari and Masiuddin Ansari who are the appellant Nos. 2, 3 and
4 respectively in Cr. Appeal (DB) No. 115 of 2013.
We have heard the learned counsels for the appellants.
At the request of Mr. Ravi Prakash, the learned Spl.PP, post
these matters tomorrow, that is, 18.08.2021, to be taken up as the first case
under the same heading.
Part heard.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Nibha/Madhav
