Md. Nasimuddin vs The State Of Jharkhand
2023 Latest Caselaw 1023 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (SJ) No.89 of 2023

        1. Md. Nasimuddin
        2. Md. Sattar
        3. Md. Samsad
        4. Md. Saddam                       .....       Appellants
                                  Versus
        The State of Jharkhand              ....          Respondent

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Appellants              :   Mr. Manoj Kr. Sah, Advocate
        For the State                   :   Mrs. Priya Shrestha, Spl. PP
                                    -----

2/01.03.2023 Heard learned counsel appearing on behalf of the appellants and learned APP appearing on behalf of the State.

It is submitted on behalf of the appellants that this criminal appeal is directed against the judgement of conviction and order of sentence dated 03.02.2023 passed by the court of learned Sessions Judge, Godda in Sessions Trial Case No.106 of 2017, arising out of Meharma (Belbadda) P.S. Case No.391 of 2015, whereby and whereunder the learned court below sentenced the appellants to undergo 3 years R.I. for the offence u/s 325 of the I.P.C. with fine of Rs. 5,000/- each and in default of payment of fine, and the appellants have been further ordered to undergo 6 months simple imprisonment. The appellants have been further sentenced to undergo one month simple imprisonment for the offence u/s 341 of the I.P.C. The appellants have been further sentenced to undergo one your Rigorous imprisonment for the offence u/s 504 of the I.P.C. The learned Session Judge further ordered that fine amount is to be paid to the victim Md. Yasin of Rs. 5,000/- each and all the sentences have been ordered to run concurrently.

It has further been pointed that out that all the appellants were granted provisional bail after the judgment of conviction and order of sentence till 4.3.2023.

Further it has been pointed out that one I.A. No. 1821 of 2023 has been filed for confirming the provisional bail granted to the appellants by the learned court below submitting that it is a landed property dispute between both the parties and the appellant No. 1 is said to be the bhaisur (elder brother-in-law) and rest of the appellants are dever of the informant PW-7 and therefore there is likelihood of compromise in this case.

Learned APP submitted that it is a landed property dispute of family members.

Having heard the parties, perused the record of this case. Having taken into consideration the aforesaid submission and under the facts and circumstances of this case, the provisional bail granted to the appellants above named by the learned court below is hereby confirmed.

The I.A. No. 1821 of 2023 gets disposed of accordingly. Let the original lower court record be called for from the concerned court below.

Let this case be listed under the heading for hearing in seriatim after receipt of the original lower court record.

(Navneet Kumar, J.) R.Kumar