Kasim Miyan @ Kasim Mian vs The State Of Jharkhand
2021 Latest Caselaw 3691 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.265 of 2020

    1.   Kasim Miyan @ Kasim Mian
         @ Kashim Mian
    2.   Fahim Ansari
    3.   Mehnaj Ansari
    4.   Asma Bibi @ Ashma Bibi
    5.   Munni Bibi @ Muni Bibi
         @ Saymun Bibi @ Sayum Bibi          ......      Petitioners

                            Versus
    The State of Jharkhand                   ......    Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioners     : Mr. Md. Faruque Ansari, Advocate
    For the State           : A.P.P
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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               th
06/Dated: 29        September, 2021

I.A. No.5147 of 2021

1. The present interlocutory application has been filed for granting exemption from surrendering to the petitioner Nos.4 and 5 namely, Asma Bibi @ Ashma Bibi and Munni Bibi @ Muni Bibi @ Saymun Bibi @ Sayum Bibi, respectively, in connection with the order dated 30.07.2013, passed by the court of learned Assistant Sessions Judge - I, Palamau at Daltonganj in S.T. Case No.293 of 2009, whereby the petitioners have been found guilty for the offence under Sections 148 and 325/ 149 of the Indian Penal Code, and sentenced to undergo simple imprisonment for three years for the offence under Section 325/ 149 of I.P.C and S.I for one year for the offence under Section 148 of I.P.C with the fine. The said judgment has been affirmed vide order dated 28.11.2019, passed by the court of learned Additional Sessions Judge - IX, Palamau at Daltonganj, in Cr. Appeal No.129 of 2013.

2. It has been submitted by the learned counsel for the revisionists that an altercation had taken place between the

parties for the use of the hand pump and the entire family members have been made accused. The court below after conducting the trial has convicted the petitioners for the offence under Sections 148 and 325/ 149 of the I.P.C. It has further been submitted that all the petitioners have already surrendered except the petitioner Nos.4 & 5, who are the females. On the medical ground, prayer has been made for exempting the aforesaid petitioners from surrender.

3. Considering the nature of allegation and the status of the parties, the petitioner Nos.4 & 5 are exempted from surrendering in the court below for the time being, till further order.

4. I.A. No.5147 of 2021 stands disposed of.

Cr. Revision No.265 of 2020

1. Admit.

2. Issue notice.

3. Call for the scanned copy of the lower court records from the court concerned.

4. Prayer for bail of the revisionists will be considered after receipt of the lower court records.

(Rajesh Kumar, J.) Chandan/-