Md. Sultan Ansari vs The State Of Jharkhand
2022 Latest Caselaw 3639 Jhar

                      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
                                                ....

04/12.09.2022             I.A. No.5967 of 2022

The instant interlocutory application has been filed on behalf of the appellant No.1, namely, Md. Sultan 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, whereby the appellant, namely, Md. Sultan 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 father and two of the convicted persons are his son.

It has been submitted by learned counsel for the appellant that the appellant has been roped in this case on the basis of section 34 of IPC and allegation of assault is against other co-accused. Further, the appellant is aged about 73 years and suffering from different ailments. On above fact, prayer for suspension of sentence has been made.

Learned A.P.P. has opposed the prayer for bail and submitted that offence of Section 307 of IPC is made out and since this appellant has been roped in on the basis of section 34 of IPC and as such he does not deserve the privilege of bail.

Considering the materials available on record and the fact that the appellant was all along on bail and he has not been attributed with the overt act, I am inclined to suspend the sentence and enlarge the appellant, namely, Md. Sultan 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, subject to the condition that the appellant, namely, Md. Sultan 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.5967 of 2022 stands disposed of.

(Rajesh Kumar, J.) Shahid/