Imran Quraishi And Another vs The State Of Jharkhand
2022 Latest Caselaw 2214 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (D.B.) No. 306 of 2016
                                          ...

Imran Quraishi and Another .... Appellant(s).

Versus The State of Jharkhand............ Respondent

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 CORAM       : HON'BLE MR. JUSTICE ANANDA SEN
             : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant(s) : Mr. A.K. Kashyap, Sr. Advocate For the State : A.P.P.

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07/23.06.2022 The plea, which has been taken by the learned senior counsel for the appellant while moving suspension of sentence is that there is direct allegation against Amjad Quraishi of firing on the temporal region of the deceased and committing his murder. He further submit that the informant, who is the wife of the deceased had taken the name of Amjad Quraishi along with these two appellants in the FIR. He also submits that in the evidence, the wife of the deceased, who is the eye witness, also has narrated the same story about these appellants and Amjad Quraishi, but the trial court has acquitted said Amjad Quraishi on the ground that other witnesses have not taken the name of Amjad Quraishi. He submits that this fact clearly suggests that the informant was disbelieved by the trial court and that being so, these appellants should also have been acquitted and at this stage, they should be released on bail.

2. We have gone through the judgment. From the aforesaid judgment, it appears that Amjad Quraishi has been acquitted whereas, these appellants have been convicted. We are not discussing about the acquittal of Amjad Quraishi in detail as parity has been sought for.

3. When the question has been put to the State as to whether any appeal/revision has been filed challenging the acquittal of Amjad Quraishi or not, the A.P.P submits that they have not filed any such application.

4. Thus, this Court appoints Mr. R.S. Mazumdar, learned senior counsel to assist this Court on the point and in the circumstances, as to whether notice can be issued to the acquitted accused, namely, Amjad Quraishi in this case or not, if it is found that there are sufficient material to suggest that the acquittal of Amjad Quraishi is bad in law and is against the evidence.

5. Learned senior counsel appointed as Amicus Curiae is also requested to address this Court after going through the evidence as to whether there are materials which, prima faice, come to a finding that the judgment of acquittal of Amjad Quraishi is against the evidence or not and whether the

judgment of acquittal of Amjad Quraishi needs consideration or not.

6. Let a copy of this order along with copy of memo of appeal and the copy of evidences of the witnesses be supplied in the office of Mr. R.S. Mazumdar, learned senior counsel.

(ANANDA SEN, J.)

(SANJAY KUMAR DWIVEDI, J.) Anu/-CP3