Jharkhand High Court
Md. Israfil @ Israfil vs The State Of Jharkhand on 13 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 884 of 2014
1. Md. Israfil @ Israfil
2. Md. Ibrahim @ Barka
3. Md. Fahim @ Md. Fahim Alam ....Appellants
Versus
The State of Jharkhand ....Respondents
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Through : Video Conferencing
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Ratnaker Bhengra
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For the Appellants : Mr. A. K. Kashyap, Sr. Advocate
For the State : Ms. Priya Shrestha, A.P.P.
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15/13.05.2022 Heard learned senior counsel for the appellant no. 1, Mr. A.K.Kashyap
and Ms. Priya Shrestha, learned A.P.P. for the State on the renewed prayer for
suspension of sentence made by appellant no. 1 through I.A. No. 2450 of 2022.
These appellants along with co-accused Md. Abid Khan were convicted
for the offence punishable under Sections 307 and 302 of the Indian Penal Code by the
impugned judgment dated 27.11.2014 passed by the learned Additional Sessions
Judge-VI, East Singhbhum, Jamshedpur in Sessions Trial No. 126 of 2012 / T.R. No.
173 of 2014 and they were sentenced to undergo R.I. for five years with a fine of
Rs. 2,000/- each and default sentence under Section 307 of the I.P.C and R.I for life
with a fine of Rs. 5,000/- each and default sentence under section 302 of the I.P.C, by
the impugned order of sentence of the same date. Both the sentences were directed to
run concurrently.
Earlier, the prayer for suspension of sentence of all the three
convicts/appellants in the instant Cr. Appeal was rejected by a Coordinate Bench of
this Court of which one of us (Ratnaker Bhengra, J) was a member vide order dated
18th March, 2016 upon consideration of the materials on record. Appellant no. 1 had
thereafter been granted provisional bail on the grounds of treatment of his wife vide
order dated 12th July, 2019 for six weeks. His prayer for bail made through I.A. No.
1469 of 2020 was dismissed as not pressed vide order dated 24th September, 2021 as
he had not completed ten years of custody by then. Thereafter, appellant nos. 2 and 3
have been enlarged on bail vide order dated 17 th December, 2021 passed on I.A. No.
741 of 2021 and 566 of 2021 respectively taking into account the custody of more than
10 years undergone by them. Appellant no. 1 has renewed his prayer for bail primarily
on the ground of having completed more than 10 years of custody since 23rd March,
2012 and that other co-appellants have been enlarged on bail on similar grounds.
Learned senior counsel for the appellant submits that so far as the
merits of the case of the appellant no. 1 is concerned, it stands on similar footing as
that of other two co-appellants. The appeal is not likely to be immediately heard in
near future. Therefore, appellant no. 1 may be released on bail on suitable conditions.
Learned A.P.P. has opposed the prayer. However, she does not dispute
that the appellant has remained in custody for more than 10 years by now and
similarly placed co-appellants no. 2 and 3 have been enlarged on bail by this Court
vide order dated 17th December, 2021 on having undergone more than 10 years of
custody.
Having considered the facts and circumstances above and that appellant
no. 1 has undergone more than 10 years of custody till date, we are inclined to grant
the privilege of suspension of sentence to the appellant no. 1
Accordingly, the appellant no. 1, Md. Israfil @ Israfil is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each, to the satisfaction of learned District and
Additional Sessions Judge-VI, East Singhbhum, Jamshedpur in connection with
Sessions Trial No. 126 of 2012 / T.R. No. 173 of 2014, if not wanted in any other case,
subject to the condition that one of the bailors shall be the deponent of the affidavit,
Md. Sahil, son of Md. Allauddin, resident of Purani Basti Road, near Kapil Building,
New Patna Colony, P.O. Jugsalai, P.S. Jugsalai, District- Wast Singhbhum, whose
U.I.D card enclosed to the I.A be sent to learned trial court for verification at the time
of his release. Other bailor shall be the family member / close relative of the appellant
no. 1. Appellant no. 1 and his bailors shall not change their mobile number or address
without permission of trial court and shall also submit their Aadhar Card at the time of
his release.
The instant I.A stands disposed of.
(Aparesh Kumar Singh, J)
(Ratnaker Bhengra, J)
Jk/
