Attaul Ansari vs The State Of Jharkhand
2022 Latest Caselaw 3638 Jhar

                           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Appeal (S.J.) No. 507 of 2022
                                            ....

1. Attaul Ansari

2. Ajmer Ansari

3. Hajarat Ansari

4. Munif Ansari

5. Neyamat Ansari

6. Salamat Ansari .... Appellants Versus The State of Jharkhand .... Respondent ....

                CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants                : Mr. Nilesh Kumar, Adv.
                For the State                     : Mrs. Ruby Pandey, APP
                                                  ....
03/12.09.2022              I.A. No.6153 of 2022

The instant interlocutory application has been filed on behalf of the appellants 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 20.06.2022 and 22.06.2022 respectively passed by learned Distt. & Addl. Sessions Judge-III, Lohardaga in S.T. No.91 of 2017 arising out of Kuru P.S. Case No.90 of 2016, G.R. No.389 of 2016(s), whereby the appellants have been convicted under Sections 147/ 148/ 447/ 341/ 323/ 307/ 504 read with section 149 of IPC and the maximum sentence imposed upon the appellants is R.I. for seven years with a fine of Rs.10,000/- for the offence under Section 307/ 149 of IPC and in default of payment of fine, further sentenced to undergo S.I. for six months.

It has been submitted by learned counsel for the appellants that there is a scuffle among the parties over a piece of land and both sides have suffered injury and further as per the medical report, injury has been caused by the hard and blunt substance. It has been further submitted that there is no finding regarding the fact that which party was aggressor. Further the appellants were all along on bail. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail. Considering the above facts, I am inclined to suspend the sentence and enlarge the appellants on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Distt. & Addl. Sessions Judge-III, Lohardaga in S.T. No.91 of 2017 arising out of Kuru P.S. Case No.90 of 2016, G.R. No.389 of 2016(s), subject to the condition that the appellants will submit self attested copy of their Aadhaar Card and also give their mobile number before the learned court below, which they will not change during pendency of this case without prior permission of the court.

I.A. No.6153 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/