Jharkhand High Court
Md. Munna @ Zia Ahmad vs The State Of Jharkhand on 30 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 252 of 2016
Md. Munna @ Zia Ahmad --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through: Video Conferencing
---
For the Appellant: Mr. Niranjan Kumar, Advocate
For the Resp.-State: Mrs. Nehala Sharmin, A.P.P
For the Informant: Mr. Soumitra Baroi, Advocate
---
11 / 30.09.2021 Heard learned counsel for the appellant Mr. Niranjan Kumar, learned
A.P.P Mrs. Nehala Sharmin and learned counsel for the Informant Mr. Soumitra
Baroi on the prayer for provisional bail made by the appellant through I.A. No.
4867/2021. Earlier, prayer for suspension of sentence made by this appellant
was dismissed as withdrawn on 08.02.2017 and again on 24.01.2020.
Thereafter, prayer for provisional bail on medical grounds was also dismissed
as not pressed vide order dated 22.01.2021.
2. This appellant along with Md. Sabbu @ Samid Ali stood convicted for
the offence punishable under sections 302/34 of the Indian Penal Code and
section 27 of the Arms Act by the impugned judgment dated 08.01.2016 passed
in Sessions Trial No. 33/2014 by the Court of learned Additional Judicial
Commissioner-X, Ranchi and both the convicts have been sentenced to undergo
life imprisonment for the offence under section 302/34 of the Indian Penal Code
and they have been also sentenced to undergo R.I. for five years under section
27 of the Arms Act by the impugned order of sentence dated 13.01.2016.
3. Instant I.A. has been preferred seeking provisional bail in order to
perform Kanya Daan of the daughter of his sister Rani Perween whose marriage
has been fixed on 29.10.2021 and her father Sheikh Zeyauddin who is staying
in Saudi Arab is unable to attend the ceremony in India because of covid
restrictions in Saudi Arab. It is submitted that the appellant is in custody since
26.09.2013 while co-convict Md. Sabbu @ Samid Ali has died in jail custody
due to several diseases. Affidavit has been sworn by the sister of the appellant
Rani Perween. Appellant undertakes to abide by all the conditions, as may be
considered necessary for grant of provisional bail for a suitable period as he has
to make all arrangements. He is the only male member of his family. Wedding
card of the daughter of the sister of the appellant is enclosed as Annexure-2
which shows the programme of the marriage ceremony from 27.10.2021 to
30.10.2021 at Ranchi.
4. Learned A.P.P and learned counsel for the Informant have opposed the
prayer.
5. Having regard to the conspicuous circumstances urged on behalf of the
appellant, we are inclined to grant him provisional bail for a period of one and
half months. Accordingly, Appellant- Md. Munna @ Zia Ahmad shall be
released from custody on 05.10.2021 on furnishing bail bonds of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each, to the
satisfaction of learned Additional Judicial Commissioner-X, Ranchi in
connection with Sessions Trial No. 33/2014, subject to the condition that one of
the bailors shall be the deponent of the affidavit namely, Rani Perween, W/o
Shaik Zeyauddin, R/o Arvindo Nagar, Doranda, Ranchi who has filed her
UIAD Card. Let copy of this UIAD Card be sent to the learned Trial Court for
verification at the time of release of the appellant. The other bailor shall be the
close relative of the appellant. Appellant and his bailors shall not change their
address or mobile nos. without permission of the learned Trial Court. Appellant
would also submit his Aadhar Card and passport, if any, at the time of release
before the learned Trial Court. I.A. No. 4867/2021 stands disposed of.
Appellant shall surrender before the learned court below by 20.11.2021
and file a surrender certificate.
6. List the matter on 25.11.2021.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
