Muksedul [email protected] Md. Makusud Alam vs The State Of Jharkhand
2023 Latest Caselaw 241 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 1126 of 2022
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1. Muksedul [email protected] Md. Makusud Alam

2. Badrud Doja @ Badruddin Doja

3. Roshannara Bibi ...... Petitioners Versus

1. The State of Jharkhand

2. Muslema Bibi ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mrs. Nehala Sharmin, A. P. P.

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07/16.01.2023 The present Criminal Revision No. 1126 of 2022 has been filed on behalf of the petitioners challenging the judgment dated 27.07.2022 passed in Criminal Appeal No. 22 of 2015 by the learned Additional Sessions Judge-I, Pakur whereby learned Additional Sessions Judge-I, Pakur has dismissed the Criminal Appeal No. 22 of 2015 and affirmed the judgement of conviction and order of sentence dated 27.06.2015 passed by Sri Paras Nath Upadhyay, Chief Judicial Magistrate, Pakur in connection with Pakur Mahila P. S. Case No. 25 of 2009 corresponding to G. R. No. 94 of 2009 [ T. R. No. 265 of 2015] whereby the petitioners have been convicted for the offences under Sections 498(A)/34 of the Indian Penal Code and have been sentenced to undergo S.I. for a period of two (2) years and to pay a fine of Rs. 3,000/- each for the offence under Section 498(A)/34 of the Indian Penal Code and in default of payment of fine, further sentenced to undergo S.I. for a period of two (2) months.

2. I.A. No. 11030 of 2022 has been filed on behalf of the petitioner no. 1, Muksedul [email protected] Md. Makusud Alam and petitioner no. 3, Roshannara Bibi for grant of bail, during pendency of the Criminal Revision Application.

3. Heard learned counsel for the petitioners and learned counsel for the State.

4. It is submitted by the learned counsel for the petitioner that judgments and orders passed by the learned Court below are not sustainable in the eyes of law. It is submitted that the petitioner no. 1 is the husband of the opposite party no. 2 and petitioner no. 3 is a lady and mother in-law of the opposite party no. 2. It is submitted that petitioner no. 1, Muksedul [email protected] Md. Makusud Alam and petitioner no. 3, Roshannara Bibi are in custody since 18.11.2022 and as such, the petitioner no. 1, Muksedul [email protected] Md. Makusud Alam and petitioner no. 3, Roshannara Bibi may be enlarged on bail.

5. Learned counsel for the State has opposed the prayer for bail.

6. It appears that petitioner no. 1, Muksedul [email protected] Md. Makusud Alam is the husband and petitioner no. 3, Roshannara Bibi is the mother in-law. Hence the case of the petitioner no. 1, Muksedul [email protected] Md. Makusud Alam will be considered after issuance of notice upon the O. P. No. 2 or after her appearance. So far as the petitioner no. 3, Roshannara Bibi is concerned, lenient view may be taken for the present.

7. Considering the fact and circumstances of the case and the fact that petitioner no. 3, Roshannara Bibi is a lady, during pendency of this Criminal Revision Application, petitioner no. 3, Roshannara Bibi is directed to be released on provisional bail for a period of three months from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Paras Nath Upadhyay, Chief Judicial Magistrate, Pakur or his Successor Court in connection with Pakur Mahila P. S. Case No. 25 of 2009 corresponding to

G. R. No. 94 of 2009 [ T. R. No. 265 of 2015] subject to the condition that one of the bailors should be relative of the petitioner no. 3, Roshannara Bibi.

Criminal Revision No. 1126 of 2022

7. I.A. No. 11029 of 2022 has been filed on behalf of the petitioner no. 2- Badrud Doja @ Badruddin Doja seeking exemption from surrendering in the learned Court below under Rule 159 of the High Court of Jharkhand Rules.

8. It is submitted that petitioner no. 2- Badrud Doja @ Badruddin Doja is the maternal uncle of the petitioner no. 1 and said to be suffering from various ailments and hence, he may be exempted from surrender in the learned Court below.

9. Issue notice to the opposite party no. 2 in (I.A. No. 11029 of 2022) exemption of surrender and (I.A. No. 11030 of 2022) for grant of bail and in the main Criminal Revision Application and for which requisites etc. under registered cover with A/D and ordinary process must be filed within a period of one week from today.

10. Call for the scanned copy of the Lower Court Records.

11. Put up this case on 07.02.2023.

Under the circumstances, no coercive steps shall be taken against the petitioner no. 2- Badrud Doja @ Badruddin Doja till 07.02.2023.

(Sanjay Prasad, J.) Kamlesh/