Jharkhand High Court
Rahim Ansari @ Md. Rahim Ansari vs The State Of Jharkhand on 12 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1238 of 2019
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Rahim Ansari @ Md. Rahim Ansari ...... 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. Binod Kr. Jha, Advocate
For the State : Mr. Satish Prasad, A.P.P.
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09/12.05.2022 Heard learned counsel for the petitioner and learned APP
for the State.
2. The present Criminal Revision has been filed by the
petitioner challenging the judgment dated 27.07.2019 passed in
Criminal Appeal No. 56 of 2019 by the learned Additional
Sessions Judge-XIV, Dhanbad affirming the judgment of
conviction and order of sentence dated 07.03.2019 passed by
Judicial Magistrate, 1st Class, Dhanbad in connection with G. R.
No. 2696(A)/2010 arising out of Dhanbad (Dhansar) P. S. Case
No. 715 of 2010 whereby the petitioner has been convicted for the
offence under Section 420 of the Indian Penal Code and has been
sentenced to undergo R.I for a period of two(2) years under
Section 420 of the Indian Penal Code and to pay fine of Rs.
5,000/- and in default of payment, further sentenced to undergo
R.I. for a period of two(2) months.
3. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent. It is submitted that the
learned Court below has wrongly convicted the petitioner under
Section 420 of the Indian Penal Code and sentenced him to
undergo R.I. for a period of two years as money of Rs. 1,500/- was
returned back to the informant. It is submitted that although eight
(8) witnesses were examined, however P.W.-7, Iltaf Ansari and
P.W.-8, Gorang Mahto are the seizure list witnesses, but they have
not supported the recovery. P.W.-2, Tarun Banerjee, the informant
has also stated that he has no complaint as he has already received
the money. P. W.-3, Beni Madhab Ghoshal also stated that money
was returned to the informant and she also got no complaint
against the petitioner. It is submitted that the petitioner has
remained in custody for about seven months before trial and even
after dismissal of the appeal, he is in custody from 16.03.2022 till
date i.e. for about two months and as such, his total period of
custody is around nine (9) months. It is submitted that the
petitioner has faced long protracted trial of twelve (12) years on
taking Rs. 1,500/- in the name of police officials and as such, he
may be enlarged on bail.
4. On the other hand, learned counsel for the State has
opposed the bail. It is submitted that the petitioner has taken Rs.
1,500/- in the name of Superintendent of Police, Dhanbad for
making entry of Sanha. It is submitted that the petitioner was
impersonating as a police personnel of Superintendent of Police,
Dhanbad and as such, his bail is fit to be rejected.
5. Perused the impugned judgment and Lower Court
Records and considering the submission of both the parties.
6. It transpires that this is a case of taking Rs. 1,500/- from
the informant by the petitioner by impersonating himself as a
person of police. The informant Tarun Banerjee, has been
examined as P.W.-2 and who has stated that he has received Rs.
1,500/- just after occurrence and as such, he has no grievance
against the petitioner. It also transpires that the petitioner has
remained in custody for about seven months before trial and even
after dismissal of the appeal, he is in custody from 16.03.2022 i.e.
for around two months and as such, he has remained in custody for
around nine (9) months.
7. Considering the custody of the petitioner and considering
the facts and circumstances of the case, during pendency of this
Criminal Revision Application, the petitioner namely Rahim
Ansari @ Md. Rahim Ansari is directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of Miss
Moumita Guin Judicial Magistrate, 1st Class, Dhanbad or her
successor Court in connection with G. R. No. 2696(A)/2010
arising out of Dhanbad (Dhansar) P. S. Case No. 715 of 2010
subject to condition that one of the bailors must be own relative of
the petitioner and the petitioner shall also file Undertaking not to
commit such type of crime in future again, failing which
prosecution will be at liberty to take steps for cancellation of his
bail.
8. Put up this case under the heading "For Admission" after
six (6) months.
9. Let a copy of this order be sent to the office of Senior
Superintendent of Police, Dhanbad.
(Sanjay Prasad, J.)
Kamlesh/
