Citation : 2021 Latest Caselaw 3510 Jhar
Judgement Date : 21 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 632 of 2010
Sajjad Quarashi @ Husuru ... ... Appellant
Versus
The State of Jharkhand ... .... Respondent
with
Acquittal Appeal No. 12 of 2010
The State of Jharkhand ... .... Appellant
Versus
Gullu Alam @ Gulzar Alam and another ... .... Respondents
with
Cr. Appeal (DB) No. 687 of 2010
Guddu Alam @ Irfan Alam @ Rangeela and another ... .... Appellants
Versus
The State of Jharkhand ... .... Respondent
with
Cr. Revision No. 741 of 2010
Sakaldeep Gaur @ Raja Khatik ... .... Petitioner
Versus
The State of Jharkhand and others ... .... Respondents
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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)/Petitioner(s): Mrs. J. Mazumdar, Advocate Ms. Vani Kumari, Amicus For the State : Mrs. Vandana Bharti, APP;
Mr. Vineet Kumar Vashistha, APP For the Informant/Petitioner : Mr. Akhouri Awinash Kumar, Advocate
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st Order No. /Dated: 21 September, 2021 Eight persons were named accused in Chirkunda (Galpharbari) PS Case No. 195 of 2009. It is stated that Guddu Alam @ Irfan alam @ Rangeela, Gullu Alam @ Gulzar Alam, Sajjad Quarashi @ Husuru and Sonu Ansari @ Sagar Ansari faced the trial in Sessions Trial No. 04 of 2010 and by judgment dated 30.04.2010 Gullu Alam is acquitted, while other three accused are convicted.
Mrs. Vandana Bharti, the learned APP states that three more accused were put on trial in different sessions cases and they were acquitted. We are informed that one accused could not be nabbed and he remained
-2- Cr. Appeal (DB) No. 632 of 2010 & analogous cases
absconding. We further find that there is no information available with the learned counsels appearing for the parties as regards Pankaj Kumar Singh.
Mr. Vineet Kumar Vashistha, the learned APP states that Acquittal Appeal No. 12 of 2010 has been filed by the State against acquittal of Gullu Alam @ Gulzar Alam. The acquitted accused was represented through Mr. Sanjay Prasad, the learned counsel. However, since last several dates Mr. Sanjay Prasad, the learned counsel is not appearing in the Court whenever the matter was listed for hearing.
We are also of the opinion that it would be proper if the Acquittal Appeal(s), if any, filed by the State against three other accused are heard along with Acquittal Appeal No. 12 of 2010 and, therefore, Mr. Vineet Kumar Vashistha, the learned APP is directed to ascertain and appraise the Court as regards pendency of Acquittal Appeal(s), if any, filed by the State.
It appears from the proceeding dated 18.02.2011 in Acquittal Appeal No.12 of 2010 that Gullu Alam @ Gulzar Alam against whom bailable warrant of arrest was issued was produced in the Court.
Accordingly, officer-in-charge of the concerned police station shall intimate Gullu Alam @ Gulzar Alam about the next date of hearing of Acquittal Appeal No. 12 of 2010.
Mr. Vineet Kumar Vashistha, the learned APP shall file an affidavit through the officer-in-charge of the concerned police station as regards service of notice upon Gullu Alam @ Gulzar Alam and pendency of Acquittal Appeal(s), if any.
Post these matters under the heading "For Orders" on 20.10.2021.
(Shree Chandrashekhar, J.)
Nibha/Madhav (Ratnaker Bhengra, J.)
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