Jharkhand High Court
Iqbal Singh @ Eqbal Singh vs The State Of Jharkhand on 11 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 741 of 2021
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Iqbal Singh @ Eqbal Singh ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. A. K. Kashyap, Sr. Advocate
Mr. Anurag Kashyap, Advocate
For the State : Mr. Santosh Kumar Shukla,A.P.P.
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I.A. No. 1818 of 2022
04/11.04.2022 Heard learned Senior Counsel for the petitioner and learned
APP for the State.
2. The present Interlocutory Application No. 1818 of 2022 has
been filed by the petitioner for bail during pendency of the present
criminal revision.
3. The present Criminal Revision has been filed for setting
aside the judgment dated 24.11.2021 passed in Criminal Appeal No.
42 of 2021 whereby learned Sessions Judge-East Singhbhum,
Jamshedpur has rejected the Criminal Appeal filed on behalf of the
petitioner and upheld the judgment and order dated 08.09.2021
passed by Judicial Magistrate, 1st Class, Jamshedpur in connection
with G. R. No. 1430 of 2020 (T. R. No. 488 of 2021) whereby the
petitioner has been convicted for the offence under Section 3 of
Immoral Traffic (Prevention) Act and sentenced to undergo R.I. for a
period of one year with a fine of Rs. 500/- and in default of payment
of fine further undergo R.I. for one month and further convicted for
the offence under Section 5 of Immoral Traffic (Prevention) Act and
sentenced to undergo R.I. for a period of three years with a fine of
Rs. 1000/- and in default of payment of fine further sentenced to
undergo R.I. for one month.
4. It is submitted by the learned Senior Counsel for the
petitioner that the petitioner has been arrested for running brothel
and he has been arrested on suspicion and his confession was
recorded on coercion by the police and the petitioner is aged about
77 years. It is submitted that the petitioner is in custody since
29.07.2020 i.e. from the date of arrest till date he is in custody. It is
submitted that the petitioner has completed more than half of the
sentence and as such, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the bail. It is submitted that the petitioner has committed
heinous crime and act of the petitioner is against the law of the
society. It is submitted that the prosecution witnesses have fully
supported the occurrence and the fact of running brothel. It is
submitted that P.W.-1 to 4 namely Prabhjot Singh, Gurnaam Singh
Bedi, Dalbir Singh and Pawan Kumar respectively have fully
supported the allegation of running brothel in his house by the
petitioner. P.W.-5, I.O. has also corroborated that the some people
were arrested from the house and as such, prayer for bail is fit to be
rejected.
6. Perused the Lower Court records and considered the
submissions of both the sides.
7. It reveals that the petitioner and the some co-accused
persons have been convicted by the learned Court below and the
petitioner has been convicted for the offence under Section 3 of
Immoral Traffic (Prevention) Act and sentenced to undergo R.I. for
a period of one year with a fine of Rs. 500/- and in default of
payment of fine he has further been sentenced to undergo R.I. for
one month and further convicted for the offence under Section 5 of
Immoral Traffic (Prevention) Act and sentenced to undergo R.I. for a
period of three years with a fine of Rs. 1000/- and in default of
payment of fine he has further been sentenced to undergo R.I. for
one month. It reveals from the Lower Court Records that the
petitioner is in custody since 29.07.2020. He has been completed one
year and about nine months in custody i.e. more than half of the
sentence and is an aged person.
8. Considering the facts and circumstances of the case and
also considering the age of the petitioner, during pendency of this
Criminal Revision, the petitioner, Iqbal Singh @ Eqbal Singh is
directed to be released on bail on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial Magistrate, 1st
Class, Jamshedpur or his successor in connection with G. R. No.
1430 of 2020 (T. R. No. 488 of 2021), subject to the condition that
one of the bailor must be his own blood relative of the petitioner.
The petitioner shall file undertaking before the Court below that he
will not get indulged himself any such type of crime in future and
the petitioner is further directed not to change his address and mobile
number till the final disposal of this case and if any subsequent
untoward incident is found in the apartment of the petitioner, the
prosecution will be at liberty to take steps for cancellation of his bail
before this Court.
9. The Senior Superintendent of Police, Jamshedpur and the
concerned Officer In-charge shall supervise the apartment of the
petitioner for a period of two years from today and if any untoward
incident is found, then the prosecution will be at liberty to take steps
for cancellation of bail of the petitioner.
10. Accordingly, I.A. No. 1818 of 2022 stands disposed of.
(Sanjay Prasad, J.)
Kamlesh/
