Md. Sultan Ansari vs The State Of Jharkhand
2022 Latest Caselaw 4652 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.10018 of 2022
                           In
            Cr. Appeal (S.J.) No.448 of 2022

    1.       Md. Sultan Ansari
    2.       Md. Nasim Ansari
    3.       Md. Anwar Hussain Ansari                 ......       Appellants
                                   Versus
     The State of Jharkhand                           .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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     For the Appellant             : Mr. R. S. Mazumdar, Sr. Advocate
                                     Mr. Rishikesh Giri, Advocate
     For the State                 : Mr. S. P. Jha, A.P.P.
     For the Informant             : Mr. S. K. Thakur, Advocate
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                st
06/Dated: 21 November, 2022
I.A. No.10018 of 2022

1. The present interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant No.2 namely, Md. Nasim Ansari , during the pendency of the appeal.

2. This criminal appeal has been filed against the judgment of conviction and order of sentence dated 02.06.2022 and 04.06.2022 respectively passed by learned Additional Sessions Judge-II, Pakur in S.T. Case No.49 of 2014 arising out of Pakur (Town) P.S. Case No.39 of 2013 (G.R. Case No.126 of 2013), whereby the appellant, namely, Md. Nasim Ansari has been convicted under Sections 307/504/506 read with Section 34 of IPC and sentenced to undergo R.I. for five years with a fine of Rs.10,000/- for the offence under Section 307 read with Section 34 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months. The appellant further sentenced to undergo S.I. for six months for the offence under Section 506 r/w Section 34 of IPC.

3. It has been submitted by the learned senior counsel for the appellant No.2 that there is case and counter case between the parties and referring to the deposition of P.W.-6, it has been submitted that both the parties have assaulted each other. It has further been submitted that the informant parties were the aggressor as it is evident from the deposition of P.W.-6. On the above basis, the prayer for suspension of sentence has been made.

4. On the other hand, learned counsel for the State and learned counsel for the informant have opposed the prayer for bail. It has been submitted by the learned counsel for the

informant that grievous injury has been sustained by the victim and on the above basis prayer for suspension of sentence has been opposed.

5. Having heard learned counsel for the parties and from perusal of record, it appears that there was scuffle between the parties and both the parties have sustained injury.

Considering the above fact, I am inclined to suspend the sentence and enlarge the appellant No.2 on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Pakur, in S.T. Case No.49 of 2014, subject to the condition that the appellant will remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.10018 of 2022 stands disposed of.

(Rajesh Kumar, J.) Chandan/-