Mahmood Ansari vs The State Of Jharkhand
2023 Latest Caselaw 4282 Jhar

Jharkhand High Court

Mahmood Ansari vs The State Of Jharkhand on 28 November, 2023

Author: Sanjaya Kumar Mishra

Bench: Sanjaya Kumar Mishra, Ananda Sen

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
        Cr. Appeal (DB) No. 1026 of 2023
Mahmood Ansari ...       ...   ...   ...    ...   ...     Appellant
                  Versus
The State of Jharkhand ...       ...     ...      ...     ...     Respondent
                   ---------
CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
             SRI ANANDA SEN, J.
                   ---------
For the Appellant:         Mr. P.P.N. Roy, Sr. Advocate
                           Ms. Arti Roy, Advocate
                           Ms. Pragati Prasad, Advocate
For the State:             Mrs. Lily Sahay, A.P.P.
                   ---------
04/Dated: 28.11.2023

I.A. No. 7223 of 2023

      Upon hearing the learned counsel for the parties, this Court

passed the following, (Per, Sanjaya Kumar Mishra, C.J.)

                         ORDER

1) This is an application under Section 389 of the Code of Criminal

Procedure, 1973. The petitioner-appellant has been convicted for the

offences under Sections 323, 341, 324, 328, 307, 364/34 of the Indian

Penal Code, 1860 (hereinafter referred to as 'the Code' for brevity) by

the learned Additional District & Sessions Judge-III, Lohardaga in S.T.

Case No. 92 of 2018 as per the judgment dated 19.05.2023 and is

sentenced to undergo rigorous imprisonment for ten years under

Section 364 of the Code vide order of sentence dated 22.05.2023.

Various other sentences of imprisonment and fine with default

sentences have also been awarded by the learned Additional

Sessions Judge.

2) Mr. P.P.N. Roy, learned Senior Counsel appearing for the

appellant, would submit that the medical evidence does not support

the testimony of PW.1 who is the victim and there is no other

supporting or corroborating objective circumstances appearing in this

case. Though the learned counsel for the State Mrs. Lily Sahay raised

that there was a motive for committing the offence as alleged by the

prosecution, we find that no documentary evidence, regarding the

alleged Gram Sabha/Meeting of Panch, has been proved by the

prosecution. Moreover, PW.8, the Doctor, has not found any

poisonous substance in the gastric aspirate and found some kind of

dark coffee coloured liquid. The victim was given treatment of gastric

lavage and antacid, etc.

3) Keeping in view the aforesaid consideration and that the

appellant was on bail during the course of trial and there is no

allegation from the side of the prosecution that he misused the liberty

granted to him in any manner, we are inclined to allow the interim

application.

4) In the result, this interim application is allowed and the order of

sentences including the payment of fine is hereby suspended. The

appellant be released on bail on appropriate and suitable terms and

conditions as deemed just and proper by the learned Additional

District & Sessions Judge-III, Lohardaga, in the aforesaid S.T. Case

No.92 of 2018.

           5)    Urgent certified copies as per rules.

           Cr. Appeal (DB) No. 1026 of 2023

           6)    The paper book be prepared and after preparation of the same,

           case be listed for final disposal.



                                                  (Sanjaya Kumar Mishra, C.J.)


                                                       (Ananda Sen, J.)
Manoj/MM