Riyaz Ansari @ Ghuran Mian vs The State Of Jharkhand
2023 Latest Caselaw 903 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No.54 of 2023
        Riyaz Ansari @ Ghuran Mian              ..... Appellant
                               Versus
        The State of Jharkhand                  .... Respondent

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Appellant      :       Mr. Arvind Kr. Choudhary, Advocate
        For the State          :       Ms. Snehlika Bhagat, APP
                                   -----

2/24.02.2023 Heard learned counsel appearing on behalf of the appellant and learned APP appearing on behalf of the State.

It is submitted that this appeal has been preferred against the judgement of conviction dated 21.12.2022 and order of sentence dated 22.12.2022 passed by learned Additional Sessions Judge-1, Madhupur (Deoghar), in Sessions Trial Case No. 97 of 2010, arising out of Madhupur P.S. Case No. 208 of 2009, whereby and whereunder by the impugned judgment, the appellant was hold guilty for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for 2 years along with fine of Rs. 10,000/- (in default of fine, 3 months additional simple imprisonment) and the period undergone shall be set off in accordance with law.

It has been pointed out that one IA No. 1053 of 2023 has been filed on behalf of the appellant with a prayer to extend the provisional bail granted to the petitioner vide order dated 22.12.2022 for 60 days. It has been pointed out that this appeal has been filed within stipulated period of time that is 01.02.2023 and since the matter could not be taken up earlier and therefore the provisional bail could not be extended.

Learned APP appearing on behalf of the State didn't controvert this fact that the appellant was granted provisional bail vide order dated 22.12.2022 for the period of 60 days and this appeal has been filed on 01.02.2023 within time.

Having taken into consideration the aforesaid submission, the provisional bail granted to the appellant is hereby confirmed, subject to the payment of fine as awarded by the learned court below, i.e. Rs.10,000/- as compensation to be given to the PW3 Sairun Bibi.

Learned court below will send notice to PW-3 and after deposit of the said fine amount, shall disburse to the PW-3 Sairun Bibi, who is the wife of the appellant.

The appellant is on bail and therefore he is directed to deposit the fine amount within 4 weeks, failing which the provisional bail confirmed to the appellant shall be vacated and the learned court below will take all measures to arrest the appellant to serve the sentence as awarded by the learned court below.

The appellant is directed to furnish the money receipt of the deposit fine amount before the Court.

Put up this case on 28th March 2023.

Accordingly IA No. 1053 of 2023 gets disposed of This criminal appeal is admitted.

Issue notice to the informant.

Let the original lower court record be called for from the court below concerned.

(Navneet Kumar, J.) R.Kumar