Jharkhand High Court
Rajbul Ansari @ Raju @ Md. Rajbul ... vs The State Of Jharkhand on 23 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 174 of 2019
Rajbul Ansari @ Raju @ Md. Rajbul Ansari ....Appellant
Versus
The State of Jharkhand ... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through Video Conferencing
For the Appellant : Mr. Ashim Kumar Sahani, Advocate
For the State : Ms. Priya Shrestha, A.P.P
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06/23.08.2021 Heard learned counsel for the appellant, Mr. Ashim Kumar Sahani
and learned A.P.P, Ms. Priya Shrestha on the renewed prayer for suspension of
sentence made by this appellant through I.A. No. 2780 of 2021.
Sole appellant stands convicted for the offence punishable under
Sections 302,324,325,326,307 of I.P.C by the impugned judgment dated
27.03.2018 passed in Sessions Trial No. 521 of 2012 by the Court of learned
Additional Sessions Judge-III, Ramgarh, whereas other accused, Anwar Ali @
Anwar Ansari has been acquitted of the charges. Appellant has been sentenced
to undergo Rigorous Imprisonment for life with a fine of Rs. 20,000/- and a
default sentence under Section 302 of I.P.C; Rigorous Imprisonment for 2 years
with a fine of Rs. 2,000/- and a default sentence under Section 324 of I.P.C.;
Rigorous Imprisonment for 4 years with a fine of Rs. 5,000/- and a default
sentence under Section 325 of I.P.C; Rigorous Imprisonment for 5 years with a
fine of Rs.7,000/- and a default sentence under Section 326 of I.P.C; Rigorous
Imprisonment for 7 years with a fine of Rs. 10,000/- and a default sentence
under Section 307 of I.P.C. by the impugned order of sentence dated
02.04.2018.
Learned counsel for the appellant submits that earlier, the prayer
for suspension of sentence of this appellant was dismissed as not pressed by
order dated 21st August, 2019 passed on I.A. No. 5338 of 2019. Appellant has
renewed his prayer on the ground that he has been in custody since 19th June,
2012 i.e., about 8 years and 2 months. It is further submitted that three
prosecution witnesses i.e. P.Ws. 1, 2 and 3 who are daughters of the deceased
and who claimed to be the eyewitnesses and are said to be sleeping by her side
on the fateful night on 16th June, 2012, have turned hostile. P.W.4, an
independent witness, has also not supported the case of the prosecution and
turned hostile. The P.W.6-brother of the deceased and Informant of the case, is
not an eye witness, so is P.W.7-friend of the informant and P.W.8 wife of the
informant. P.W.9, brother of the deceased is also not an eye witness. The entire
prosecution story is based upon conjecture and surmises that the appellant, who
is stepson of the deceased and other accused Anwar Ansari got infuriated
because of handing over of some money by Anwar Ansari to his second wife,
the deceased on 15th June, 2012. The instrument i.e. dye rod used in the
commission of the offence has been recovered from the place of occurrence i.e.,
roof of the house, but it has not been sent to Forensic Science Laboratory. The
said instrument in any manner is not connected with the appellant to nail his
involvement in the commission of the offence. It is submitted that two
daughters, P.Ws. 1 & 2, who have suffered injuries, have not supported the
prosecution version. As such, merely on the basis of injury reports (Ext.-6 &
6/1) or the post-mortem report (Ext.-1), conviction of the appellant cannot be
sustained in the eye of law as circumstances do not form a complete chain to
establish guilt of the appellant alone. Therefore, appellant may be enlarged on
bail by suspending his sentence during pendency of appeal.
Learned Additional Public Prosecutor for the State has opposed the
prayer. She submits that the injured daughters of the deceased, P.Ws. 1 & 2
have supported the prosecution case during investigation, as is also borne out
from the statement of P.W.11, the Investigating Officer. The motive for the
occurrence is also proved as there was altercation between the deceased and the
appellant for money on 15th June, 2012 as the deceased was the stepmother of
the appellant, to whom his father Anwar Ansari, the other accused, used to give
money. The injury found on the body of P.Ws. 1 and 2 and also on the deceased
corroborate the prosecution story initially set up at the time of institution of
F.I.R and also found during investigation. Therefore, appellant may not be
enlarged on bail.
We have considered the submission of learned counsel for the
parties and taken note of the materials relied upon by them from the Lower
Court Records, including the period of custody of 8 years and 2 months
undergone by the appellant till date. From consideration of the materials on
record, it appears that none of the three daughters, who were sleeping with the
deceased including two who have sustained injuries, have supported the case of
the prosecution and have been declared hostile. P.W.6 informant and other
prosecution witnesses, like P.W. 7, 8 and 9 have also not seen the case of
the prosecution. The blood stained dye rod recovered from the place of
occurrence has also not been sent to Forensic Science Laboratory. Appellant
has remained in custody for about 8 years and 2 months by now.
Having regard to the aforesaid facts and circumstances of the case,
we are inclined to grant bail to the appellant by suspending his sentence during
pendency of this appeal. Accordingly, appellant, above-named, shall be
released on bail, during the pendency of this appeal, on furnishing bail bonds of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each,
to the satisfaction of learned Additional Sessions Judge-III, Ramgarh in
connection with Sessions Trial No. 521 of 2012 with the condition that
appellant and his bailors shall not change their address or mobile number
without permission of the learned Trial Court.
I.A. No. 2780 of 2021 stands allowed.
Let the name of Ms. Priya Shrestha, learned A.P.P appear in the
cause list henceforth in place of the erstwhile learned A.P.P, Mr. Manoj Kumar
No. 2.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
