Jharkhand High Court
Safual Ansari @ Sfaul Ansari vs The State Of Jharkhand on 23 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 544 of 2021
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1. Safual Ansari @ Sfaul Ansari
2. Tajmul Ansari ...... Appellants
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Arvind Kumar Choudhary, Advocate
For the State : Mr. Pankaj Kumar, P.P.
For the Informant : Mr Shahid Yunus, Advocate.
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I.A. No. 8133 of 2022
06/23.09.2022 Heard learned counsel for the Appellant No. 1 and learned
APP for the State and learned counsel for the Informant.
2. The present Criminal Appeal has been filed against the
judgment of conviction dated 30.11.2021 and order of sentence dated
09.12.2021 passed by learned Additional Sessions Judge-VI, Deoghar
in connection with S. T. No. 185 of 2018 arising out of Margomunda P.
S. Case No. 53 of 2017 whereby the appellants have been convicted for
the offence under Sections 308/34 the Indian Penal Code and sentenced
to undergo R.I. for a period of four (4) years each and both of them
were directed to pay a fine of Rs. 25,000/- each to the informant as
compensation and in default of payment, they have been further
directed to undergo R.I. for a period of one year.
3. The appellant no. 2- Tajmul Ansari has already been directed
to be released on bail vide order dated 25.04.2022 in I.A. No. 7522 of
2021 [Cr. Appeal (S.J.) No. 544 of 2021].
4. The present Interlocutory Application No. 8133 of 2022 has
been filed by the appellant no. 1, Safual Ansari @ Sfaul Ansari for
suspension of sentence and for grant of bail during pendency of the
present criminal appeal.
5. As per the FIR, it has been alleged that the appellant and the
other accused have assaulted the injured Firdaus Ansari, due to which
he sustained head injury.
6. Earlier prayer for bail of the appellant no. 1, Safual Ansari @
Sfaul Ansari has been rejected by this Court with the observation "at
this stage" vide order dated 25.04.2022 passed in I.A. No. 7522 of
2021 [Cr. Appeal (S.J.) No. 544 of 2021].
7. It has been submitted by the learned counsel for the
appellants that the injury sustained by the injured is simple on his head.
It is submitted that although one injury was found on the head of the
injured, while there is allegation against two persons for assaulting on
the head of the injured by Tangi and also by hard and blunt substance.
It is further submitted that the appellant no. 1, Safual Ansari @ Sfaul
Ansari is ready to deposit the fine amount of Rs. 25,000/- as directed
by the learned Court below. It is further submitted that the petitioner is
also ready to deposit Rs. 50,000/- to the informant by way of
compensation towards his treatment and in which for the present he is
ready to deposit Rs. 25,000/-by way of Demand Draft in the name of
the injured- Firdaus Ansari before the Trial Court at the time of
furnishing the bail bond and rest of Rs. 25,000/-by way of Demand
Draft in the name of the injured- Firdaus Ansari will be deposited
within six weeks after his release from the jail before the Trial Court.
It is submitted that the appellant no. 1, Safual Ansari @ Sfaul Ansari
was in jail custody during trial from 16.03.2018 to 24.07. 2018 and
after conviction, he is in custody since 30.11.2021 and as such, he may
be enlarged on bail.
8. On the other hand, learned counsel for the State has opposed
the bail.
9. Learned counsel for the informant has also opposed the prayer
for bail. It is submitted that the injured was treated at Medanta Hospital
in Ranchi.
10. From perusal of the Lower Court Records and considered the
submissions of learned counsel for the both the sides.
11. Earlier prayer for bail of the appellant no. 1, Safual Ansari @
Sfaul Ansari has been rejected by this Court with the observation "at
this stage" vide order dated 25.04.2022 passed in I.A. No. 7522 of
2021 [Cr. Appeal (S.J.) No. 544 of 2021]. It transpires that only one
injury was sustained by the injured on his head, although the allegation
is against two persons for assaulting on the head of the injured by
Tangi and Iron Rod.
12. On consideration of the aforesaid facts and the fact that only
one injury was found on the head of the injured Firdaus Ansari, during
pendency of this Criminal appeal, the sentence of the appellant no. 1,
Safual Ansari @ Sfaul Ansari is suspended and the appellant no. 1,
Safual Ansari @ Sfaul Ansari is directed to be released on bail on
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-VI, Deoghar in connection with S. T. No.
185 of 2018 arising out of Margomunda P. S. Case No. 53 of 2017,
subject to the condition that one of the bailor must be own relative of
the appellant and also subject to the condition that the appellant will
deposit the fine amount of Rs. 25,000/- as directed by the learned
Court below and the petitioner may pay Rs. 50,000/- to the informant
by way of compensation towards his treatment in which for the present
he shall deposit Rs. 25,000/-by way of Demand Draft in the name of
the inured- Firdaus Ansari before the Trial Court at the time of
furnishing the bail bond and remaining Rs. 25,000/-by way of Demand
Draft in the name of the injured- Firdaus Ansari may be deposited
within six weeks after his release from the jail before the Trial Court
and shall file supplementary affidavit showing the payment to the
injured- Firdaus Ansari.
13. Accordingly, I.A. No. 8133 of 2022 is allowed and stands
disposed of.
Cr. Appeal (S.J.) No. 544 of 2021
14. Put up this case after six weeks.
(Sanjay Prasad, J.)
Kamlesh/
