Md. Imran vs The State Of Jharkhand.
2021 Latest Caselaw 669 Jhar

     IN THE      HIGH    COURT OF JHARKHAND AT                           RANCHI
                   Criminal Appeal (DB) No. 984 of 2019

     Md. Imran                      Versus               The State of Jharkhand.
                                     With
                      Criminal Appeal (DB) No.    1099     of 2019

     Md. Sajid                      Versus               The State of Jharkhand.
                                    With
                      Criminal Appeal (DB) No.    23    of 2020

     Md. Mohsin @ Langra
     @ Md. Mohsin Khan                Versus             The State of Jharkhand.
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     CORAM         :   HON'BLE MR. JUSTICE H. C. MISHRA
                       HON'BLE MR. JUSTICE RAJESH KUMAR
                                      --------
     For the Appellants       :       M/s. P.P.N. Roy, Sr. Advocate
                                      A.K. Chaturvedi & Pandey A.N. Roy, Advs.
     For the State            :      M/s Manoj Kumar Mishra & Tarun Kumar, APP
     For the Informant        :       Mr. Akhtar Hussain, Advocate
                                      --------

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 509 of 2021, I.A. No. 663 of 2021 & I.A. No. 459 of 2021

5/ 11.02.2021 Heard learned counsels for the appellants and learned counsel for the State, as also learned counsel for the informant on these interlocutory applications filed by the appellants, for granting bail during the pendency of these appeals.

The appellants have been convicted and sentenced for the offences under Sections 302, 201 / 34 of the Indian Penal Code and Section 27 of the Arms Act.

In the FIR, it is alleged that four named accused persons, namely, Langra Mohsin, Arshad, Babu and Monti took away the deceased from his house and thereafter, he was assaulted by the named accused persons and other un-named persons by firearm and knife, causing his death.

So far as appellant Md. Mohsin @ Langra @ Md. Mohsin Khan is concerned, he is named in the FIR and in the evidence of the informant, it is alleged that only he was armed with pistol. One firearm injury was found on the head of the deceased, in the post mortem examination.

So far as appellant Md. Imran is concerned, there is also evidence against him that he had assaulted the deceased by knife on his neck, which injury was also found in the post mortem examination.

So far as appellant Md. Sajid is concerned, he is not named in the FIR and there appears to be only omnibus allegation against him in the evidence of the informant.

It is submitted by learned counsels for the appellants that one of the co-accused, namely, Md. Romi has already been granted bail by this Court in similar circumstance.

Upon going through the impugned Judgment, it appears that there is specific allegation against appellant Md. Mohsin @ Langra @ Md. Mohsin Khan that only he was armed with pistol and one firearm injury was found on the vital part of dead body of the deceased. There is also allegation against appellant Md. Imran to have assaulted the deceased by knife on the vital part of the body, which injury was also found on the dead body.

In the facts of this case, we are not inclined to release the appellants Mohsin @ Langra @ Md. Mohsin Khan and Md. Imran on bail. Accordingly, their prayers for bail are hereby, rejected.

I.A. Nos. 509 of 2021 and 459 of 2021 accordingly, stand dismissed.

So far as appellant Md. Sajid is concerned, since he is not named in the FIR and there is only omnibus allegation in the evidence of the informant, we are inclined to release him on bail. Accordingly, the appellant, Md. Sajid, is directed to be released on bail, during the pendency of his appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Judicial Commissioner-VI, Ranchi, in connection with S.T. No. 322 of 2017.

I.A. No. 663 of 2021 is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.