Mofijuddin Sheikh vs The State Of Jharkhand
2023 Latest Caselaw 3506 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.810 of 2022

        1. Mofijuddin Sheikh
        2. Abul Kasim                                          .....   ... Petitioners
                                      Versus
        The State of Jharkhand                               .... .... Opposite Party
                                          --------

        CORAM :           HON'BLE MR. JUSTICE SUBHASH CHAND
                                          ------
        For the Petitioners                 : Md. Yasir Arafat, Advocate
        For the State                       : Mr. S.K. Shukla, APP
                                          --------

05/14.09.2023          Learned counsel for the petitioners and learned APP for the State
        are present.
                       I.A. No. 6436 of 2023

2. Learned counsel for the petitioners has submitted that in I.A. No. 6436 of 2023 there is typographical mistake in the prayer clause and he wants to make the correction in the same.

3. Permission for the same is granted.

4. Correction be made by the petitioners during course of day.

5. This interlocutory application is with the prayer to grant bail to the petitioner no.2 during pendency of this criminal revision who is serving out sentence in jail. It is also mentioned that petitioner no.1 namely, Mofijuddin Sheikh has died on 28.09.2022. The court below while convicting the petitioner had not considered that there was no overt act on the part of the petitioner in commission of the alleged offence.

6. The learned APP for the State opposed the contentions made by the learned counsel for the petitioners.

7. In view of the judgment passed by the trial court which was affirmed by the appellate court, keeping in view the sentence inflicted by the court below, this interlocutory application is hereby allowed.

8. In consequence thereof, the petitioner no.2 namely, Abul Kasim is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned during pendency of this criminal revision.

Cr. Rev. No.810 of 2022

9. Learned counsel for the petitioners has submitted that the petitioner no.1 namely, Mofijuddin Sheikh has died on 28.09.2022 and xerox

copy of the death certificate is also produced before the court.

10. Office is directed to call the death report of petitioner/convict Mofijuddin Sheikh in Pakur (Town) P.S. Case No. 254 of 2008, corresponding to G.R. No. 836 of 2008, T.R. No. 605 of 2017 from the learned C.J.M., Pakur.

11. List on 05.10.2023.

(Subhash Chand, J.) RKM