Jharkhand High Court
Munna Ansari vs The State Of Jharkhand on 30 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 909 of 2018
Munna Ansari .... Appellant
Versus
The State of Jharkhand ... Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through Video Conferencing
For the Appellant : Mr. Lakhan Chandra Roy, Advocate
For the State : Mr. Satish Prasad, A.P.P
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05/30.09.2021 Heard learned counsel for the appellant, Mr. Lakhan Chandra Roy
and Mr. Satish Prasad, learned Additional Public Prosecutor for the State on the
prayer for provision bail made by this appellant through I.A. No. 5353 of 2021
on the ground of treatment of his father, who is suffering from some serious
ailment. In support thereof, medical prescription has been enclosed.
Sole appellant stands convicted for the offence punishable under
Sections 498A and 304(B) of the Indian Penal Code by the impugned judgment
dated 21.07.2018 passed in Sessions Trial No. 365 of 2009 by the Court of
learned Additional Sessions Judge-VI, Garhwa and has been sentenced to
undergo Rigorous Imprisonment for 15 years under section 304B of I.P.C and
further sentenced to undergo Rigorous Imprisonment for 3 years with a fine of
Rs. 10,000/- and default sentence under Section 498A of I.P.C by the impugned
order of sentence dated 26.07.2018.
Learned counsel for the appellant submits that appellant's father is
63 years old and is suffering from ailment as is evident from the medical
prescription, investigation report and discharge summary of the Hospital, at
Garhwa. Appellant wants to undertake better treatment of his father. Therefore,
provisional bail may be granted for a period of one month.
Learned Additional Public Prosecutor has opposed the prayer.
We have considered the submissions of learned counsel for the
parties and the grounds urged and documents enclosed in support of the grounds.
Having regard to the specific ground of ailment of the father of
the appellant, we are inclined to grant provisional bail to the appellant for a
period of one month. Accordingly, the above named appellant shall be released
on provisional bail for a period of one month on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to
the satisfaction of Additional Sessions Judge-VI, Garhwa in connection with
Sessions Trial No. 365 of 2009 with the following conditions that:
(i) one of the bailors shall be the Pairvikar and deponent
of I.A, namely, Majhar Hussain, son of Tayab
Ansari, resident of Ward No. 2, Village-Patihari,
P.O.-Pipri Kala, P.S.- Nagar Untari District-Garhwa
and other bailor shall be the brother /close relative of
the appellant.
(ii) Photocopy of U.I.D card of deponent, Majhar
Hussain be sent to the trial court for verification.
(iii) Appellant shall surrender on or before completion of
one month from the date of his release and submit a
surrender certificate to that effect in this appeal.
I.A. No. 5353 of 2021 stands disposed of.
Let the matter be listed in the week of 14th November, 2021.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Jk/
