Jharkhand High Court
Tasleem Khan vs State Of Jharkhand on 15 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1416 of 2017
Tasleem Khan --- --- Appellant
Versus
State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Appellant : Mr. Jai Shankar Tripathi, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
10/15.03.2022 This matter has been taken up on mentioning of learned counsel
for the appellant Mr. Jai Shankar Tripathi from the list of D.B.-IV
comprising Hon'ble Mr. Justice Rongon Mukhopadhyay and Hon'ble
Mr. Justice Sanjay Prasad for provisional bail of the appellant on the
ground marriage of his daughter scheduled to be held on 23.03.2022.
2. Heard learned counsel for the appellant Mr. Jai Shankar Tripathi
and learned A.P.P. Mr. Bhola Nath Ojha representing the State on the
prayer for provisional bail of the appellant made through I.A. No. 847 of
2022 on the ground of marriage of his daughter namely Rabina Khatoon,
which is going to be held on 23.03.2022 as per the wedding card
enclosed. It is submitted that the rituals of the marriage would start on
20.03.2022. Appellant being the father is required to perform the
essential rituals of the marriage. Hence his presence is necessary.
Therefore, he may be granted provisional bail with suitable conditions as
the Court may deem fit.
3. Learned A.P.P. submits that the prayer for suspension of sentence
of the appellant has been dismissed as not pressed on 28.11.2017 on I.A.
No. 5986 of 2017. However, he submits that appropriate order may be
passed in the present application seeking provisional bail with suitable
conditions.
4. Appellant is convicted for the offence punishable under Section
302 I.P.C. while the co-convict Nagina Khatoon @ Nagua and Afroz
Khan have been convicted for the offence punishable under Section 323
of the I.P.C by the impugned judgment dated 12.06.2017 passed in
Sessions Trial Case No. 565 of 2014 by the court of learned Additional
Judicial Commissioner-V, Ranchi and the appellant has been sentenced
to undergo imprisonment for life with a fine of Rs.2000/- and a default
sentence while the other two co-convicts have been sentenced to undergo
S.I. for 1year, which shall be set off against the period spent in custody
during trial, by the impugned order of sentence dated 14.06.2017
5. We have considered the submissions of learned counsel for the
parties on the prayer for provisional bail. It appears that daughter of the
appellant is to be married and the marriage rituals are to be started from
20.03.2022 culminating into marriage on 23.03.2022. Therefore, we are
satisfied that the appellant can be released on provisional bail for a period
of two weeks from the date of his release.
Accordingly, let the appellant be released on provisional bail for a
period of two weeks from the date of his release on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Judicial
Commissioner-V, Ranchi in connection with Sessions Trial Case No. 565
of 2014 with a condition that one of the bailor should be the deponent of
this affidavit namely Muslim Khan S/o Dalil Khan, Resident of Village-
Chanho P.O. Sons, P.S. Chanho, Sons, Mandar, District-Ranchi. The
photocopy of the aadhar card of the said deponent enclosed with the
instant interlocutory application shall be remitted to the learned Trial
Court for verification and genuineness of the bailor. Further the appellant
surrender before the Court below on or before the expiry of the period of
two weeks from the date of his release and a surrender certificate to that
effect shall be filed in the present appeal.
I.A. No. 847 of 2022 stands disposed of.
Let the instant order be communicated to the learned Court below
through FAX, if possible, today itself.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
A.Mohanty
