Jharkhand High Court
Rahman Mian vs The State Of Jharkhand on 23 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 607 of 2018
Rahman Mian ....Appellant
Versus
The State of Jharkhand ... Respondent
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mrs. Jasvindar Mazumdar, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P
For the Informant : Mr. Arpit Kumar, Advocate
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03/23.12.2021 Heard learned counsel for the appellant, Mrs. J. Mazumdar,
learned A.P.P, Mr. Bhola Nath Ojha and Mr. Arpit Kumar, learned counsel for
the informant on the prayer for suspension of sentence made by this appellant
through I.A. No. 7153 of 2021.
This appellant along with 7 others stand convicted for the offences
punishable under Sections 147/148, 323/149, 324/149, 325/149, 326/149,
307/149 and 302/149 of the I.P.C. vide impugned judgment of conviction dated
05.04.2018 passed in S.T. No. 128 of 2013 by the learned court of Principal
Sessions Judge, Jamtara and all the convicts have been sentenced to undergo
R.I. for 6 months each for the offence under Section 147 of the I.P.C., R.I. for 1
year each for the offence under Section 148 of the I.P.C., R.I. for 6 months each
for the offence under Section 323/149 of the I.P.C., R.I. for 2 years each for the
offence under Section 324/149 of the I.P.C., R.I. for 3 years with a fine of
Rs.2,000/- each and default sentence for the offence under Section 325/149 of
the I.P.C., R.I. for 5 years with a fine of Rs.5,000/- each and default sentence
for the offence under Section 326/149 of the I.P.C., R.I. for 10 years with a fine
of Rs.10,000/- each and default sentence for the offence under Section 307/149
of the I.P.C. and life imprisonment with a fine of Rs.20,000/- each and default
sentence for the offence under Section 302/149 of the I.P.C. vide impugned
order of sentence dated 12.04.2018. All the sentences have been ordered to run
concurrently.
Learned counsel for the appellant submits that the case of the
present appellant is on better footing than the other convict/appellant, Hannan
Mian in Cr. Appeal (DB) No. 617 of 2018, who had been enlarged on bail by
suspending the sentence by this Court vide order dated 25 th November, 2021. It
is submitted that the allegation of assault by Farsa was upon Hannan Mian on
the head of the deceased, Kallu @ Sarfuddin Mian, whereas the allegation of
assault by axe upon the deceased on his hand and knee was against this
appellant by the informant (P.W.22). It is submitted that the appellant has
remained in custody since 30th July, 2013 i.e., 8 years and 5 months by now and
on that account also is similarly placed as Hannan Mian, who had undergone
custody for 8 years and 3 months. It is submitted that other accused persons,
namely 1. Kudus Mian @ Abdul Kudus 2.Safruddin Mian @ Dokarwa 3. Naim
Mian @ Chutan Mian 4. Jabbar Mian @ Godan Mian 5. Jalauddin Mian and 6.
Mannan Mian @ Ludri Mian have earlier been enlarged on bail by coordinate
Bench of this Court by order dated 3rd August, 2018 passed in Cr. Appeal (DB)
No. 593 of 2018. Therefore, appellant may also be enlarged on bail by
suspending his sentence.
Learned A.P.P. and learned counsel for the informant have
opposed the prayer. However, he is not in a position to dispute that the material
evidence of the informant (P.W.22) and other witnesses against this appellant is
to the effect that he had assaulted the deceased with an axe on the hand and on
knee. It is also not disputed that this appellant has also undergone custody for
about 8 years and 5 months till date.
Having regard to the facts and circumstances noted above and
similarly placed co-convict, Hannan Mian, who has already been released on
bail also taking into the period of custody of 8 years and 3 months undergone
by him, we are inclined to grant bail to the appellant by suspending his sentence
as the present appellant has undergone custody for about 8 years and 5 months
by now, 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 Principal Sessions Judge, Jamtara in
connection with S.T. No. 128 of 2013 with the condition that appellant and his
bailors shall not change their address or mobile number without permission of
the learned Trial Court. Appellant and their bailors shall also furnish photo
copy of their Aadhar Card before the learned Trial Court at the time of his
release.
I.A. No. 7153 of 2021 stands allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
