Md. Amzad @ Md. Amzad Hussain vs The State Of Jharkhand
2022 Latest Caselaw 1491 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (S.J.) No. 129 of 2021
                                       ....

             Md. Amzad @ Md. Amzad Hussain              ...... Appellant
                                 Versus
             The State of Jharkhand                     ...... Respondent
                                    -----
             CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
                                    -----
             For the Appellant         : Mr. Arun Kumar, Advocate
             For the State             : Mr. Kumari Rashimi,A.P.P.
                                          .....
             I.A. No. 1985 of 2021
06/12.04.2022        Heard learned counsel for the petitioner and learned APP for
            the State.

2. The present Interlocutory Application has been filed by the appellant for bail during pendency of the present criminal appeal.

3. The present Criminal Appeal has been filed against the judgment of conviction dated 25.01.2021 and order of sentence dated 28.01.2021 passed by Sri Rama Kant Mishra, learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S. T. No. 148 of 2017 arising out of Chhotanagra P. S. Case No. 03 of 2017 corresponding to G. R. No. 152 of 2017 whereby the appellant has been convicted for the offence under Sections 380/411 of the Indian Penal Code and sentenced to undergo six years R.I. with a fine of Rs. 5,000/- under Section 380 of the Indian Penal Code and R.I. for three years under Section 411 of the Indian Penal Code also a fine of Rs. 5000/- and in default of payment further undergo S.I. for one month.

4. It has been submitted by the learned counsel for the petitioner that there is no eye witness of the occurrence. It is submitted that P.W.- 7, wife of the informant has been declared hostile. It is submitted that the informant has not identified the appellant, although he identified the other co-accused namely Md. Alamgir, Md. Amiruddin and Md. Tabrej Alam @ Aala. It is submitted that Md. Alamgir, Md. Amiruddin and Md. Tabrej Alam @ Aala, who had been identified during T.I.P and during trial before the learned Court below, have been granted bail by the Co-ordinate Bench of this Court in Cr. Appeal (S.J) No. 74 of 2021

vide order dated 26.07.2021, in Cr. Appeal (S.J) No. 55 of 2021 vide order dated 17.06.2021 and in Cr. Appeal (S.J) No. 89 of 2021 vide order dated 26.07.2021 respectively. It is submitted that I.O has also stated in para-12 in his cross-examination that the appellant has not been identified by any person. It is submitted that the appellant is in custody since 23.03.2017 to 16.11.2017 and thereafter on the date of conviction, he was taken into custody since 25.01.2022 almost for about two months. Save and except recovery of two silver chain, there is no evidence against the appellant 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 several accused persons were identified during T. I. Parade. It is submitted that two silver chain were recovered from the possession of this appellant also. It is submitted that several witnesses have supported the allegation of recovery of articles from the possession of the appellant.

6. From perusal of the Lower Court Records and considering the submissions of learned counsel for the both the sides, it transpires that the appellant along with five other miscreants were arrested by the police. However, during course of the trial, the informant -Soma Manjhi was examined as P.W.-1 has not identified the appellant during trial, although he has identified the three accused namely Md. Alamgir, Md. Amiruddin and Md. Tabrej Alam @ Aala even during trial before the learned Court below and during T.I.Parade at the stage of investigation of this case. It reveals that P.W.-12 is the wife of the informant, who had not identified the appellant. It transpires that Md. Alamgir, Md. Amiruddin and Md. Tabrej Alam @ Aala, who had been identified during T.I.P and during trial before the learned Court below, have been granted bail by the Co-ordinate Bench of this Court in Cr. Appeal (S.J) No. 74 of 2021 vide order dated 26.07.2021, in Cr. Appeal (S.J) No. 55 of 2021 vide order dated 17.06.2021 and in Cr. Appeal (S.J) No. 89 of 2021 vide order dated 26.07.2021 respectively,

although they were identified during trial by the informant and some persons also. It reveals that the present appellant has not been identified during trial and only two silver chain are alleged to have been recovered from his possession.

7. On consideration of the aforesaid fact, during pendency of this Criminal appeal, the appellant, Md. Amzad @ Md. Amzad Hussain is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S. T. No. 148 of 2017 arising out of Chhotanagra P. S. Case No. 03 of 2017 corresponding to G. R. No. 152 of 2017, subject to the condition that one of the bailor must be own relative of the appellant and the appellant shall file an Undertaking before the Court below that he will not get indulged any such type of crime in future otherwise, the prosecution will be at liberty to take steps for cancellation of his bail before this Court and he will be physically present at the time of hearing of this case and subject to further condition that the appellant will submit self attested copy of his Aadhar Card and will also submit his mobile number before the learned Court below, which he will always keep active and will not change it, during the pendency of this case, without prior permission of the Court.

8. Accordingly, I.A. No. 1985 of 2021 stands disposed of.

(Sanjay Prasad, J.) Kamlesh/