Jharkhand High Court
Zubair Ahmad vs State Of Jharkhand on 5 April, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.184 of 2023
Zubair Ahmad ..... Appellant
Versus
State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Suraj Verma, Advocate
For the State : Mrs. Kumari Rashmi, APP
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3/05.04.2023 Heard learned counsel appearing on behalf of the appellant and
learned APP appearing on behalf of the State.
IA No. 3099 of 2023
It is submitted on behalf of the appellant that this IA No. 3099 of 2023
has been filed on behalf of the appellant praying therein to confirm the
provisional bail granted by the learned court below to the appellant during
pending of this appeal, which has been preferred against the judgment of
conviction dated 30/01/2023 and order of sentence dated 30/01/2023
passed by the learned Additional Sessions Judge-I-cum- Special Judge,
SC/ST Act, Lohardaga, in connection with Lohardaga P.S. Case No.
96/2019, SC/ST Case No.03 of 2019, dated 28/05/2019, corresponding to
G.R. No. 316/2019, offence registered under section
354/354(B)/323/504/506/509 of Indian Penal Code, and subsequently the
appellant was prosecuted for the offences u/s 323/504/354 of the I.P.C. and
Section 3(2)(va) of the SC/ST Act, whereby and where under the appellant
has been found guilty for the offence under section 323/504/354 of the
I.P.C. and Section 3(2)(va) of the SC/ST Act, and accordingly he was
sentenced to undergo R.I. for 1 year and fine of Rs. 1,000/- for the offence
punishable under section 323 of I.P.C, and in case of default in payment of
fine amount, further imprisonment of 7 days, and further sentenced to R.I.
for 2 years and fine of Rs. 5,000/- for offence punishable under section 504
I.P.C., and in case of default in payment of fine amount 15 days and further
sentenced to undergo R.I. for 03 years and fine of Rs. 5,000/- for offence
punishable under section 354 I.P.C., and in case of default in payment of
fine amount, further imprisonment of one month and further sentenced to
undergo R.I. for 3 years and fine of Rs. 10,000/- for offence punishable
under section 3(2)(va) SC/ST Act, and in case of default in payment of fine
amount further imprisonment of 1 month and all the sentences for
imprisonment are directed to run concurrently and period already
undergone will be set off.
It has been submitted on behalf of the appellant that after the
pronouncement of judgement of conviction and order of sentence, the
learned court below had granted the provisional bail to the appellant vide
order dated 30/01/2023 for 60 days. Further it has been pointed out that the
present appeal has been preferred within the stipulated period of time and
there were some defects as pointed out by the stamp reporter and after
removing the defect as pointed out by the stamp reporter, the case is listed
for confirmation of the provisional bail. The certified copy of the order sheet
granting bail to the appellant by the learned court below has also been
annexed with the IA No. 3099 of 2023.
Learned APP appearing on behalf of the State submitted that after the
pronouncement of the order of sentence dated 30/01/2023, the court below
has granted provisional bail to the appellant and this appeal has been filed
within the stipulated period of time.
Having taken into consideration the aforesaid submissions, the
provisional bail granted to the appellant by the learned court below vide
order dated 30/01/2023 is hereby confirmed, subject to the condition that
the entire fine amount as awarded by the learned court below under
different counts / sections shall be deposited within the period of two
weeks, without being prejudiced to the right of the defence of the appellant.
The appellant is directed to deposit the money receipt before this court after
two weeks.
The IA No. 3099 of 2023 is accordingly allowed.
Let the scanned copy of the lower court record be also called for from
the concerned court below.
Let this case be posted on 3rd May 2023.
(Navneet Kumar, J.)
R.Kumar
