Jharkhand High Court
Md. Sultan Ansari vs The State Of Jharkhand on 11 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal 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
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellants : Mr. Rishikesh Giri, Adv.
For the State : Mr. Shree Prakash Jha, APP
....
05/11.10.2022 I.A. No.8964 of 2022
The instant interlocutory application has been filed on behalf of the
appellant No.3, namely, Md. Anwar Hussain Ansari for suspension of sentence and
grant of ad interim bail, during pendency of the instant appeal.
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
Addl. 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. Anwar Hussain 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.
The appellant is in custody since 02.06.2022. The present appellant is the
son and sentence of his father, namely, Md. Sultan Ansari has already been suspended
vide order dated 12.09.2022 passed in I.A. No.5967 of 2022.
Innocence has been claimed and it has been submitted by learned counsel for
the appellant that the allegation is general and omnibus and further there is dispute
between the parties and scuffle has taken place in the spur of moment. There was no
premeditation and the assault has been made by the other co-accused, namely, Md.
Nasim Ansari. On above fact, prayer for suspension of sentence has been made.
Learned A.P.P. has opposed the prayer for bail and submitted that he has
participated in the assault and he was one of the person who has caught hold the
victim.
Considering the nature of dispute between the parties and the materials
available on record, I am inclined to suspend the sentence and enlarge the appellant,
namely, Md. Anwar Hussain Ansari on bail, on furnishing bail bond of Rs.10,000/-
(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Addl. 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), subject to the condition
that the appellant, namely, Md. Anwar Hussain Ansari will submit self attested copy
of his Aadhaar Card and also give his mobile number before the learned court below,
which he will not change during pendency of this case without prior permission of the
court.
I.A. No.8964 of 2022 stands disposed of.
(Rajesh Kumar, J.)
Shahid/
