Mursalim Ansari vs The State Of Jharkhand
2024 Latest Caselaw 7593 Jhar

Jharkhand High Court

Mursalim Ansari vs The State Of Jharkhand on 1 August, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. Appeal (D.B.) No.67 of 2024
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                 1. Mursalim Ansari
                 2. Musleuddin Ansari
                 3. Anwara Bibi
                 4. Taslim Ansari
                 5. Marzina Bibi                   .... .... .... Appellant(s)
                                        Versus
                 The State of Jharkhand            .... .... .... Respondent(s)

                 CORAM:          SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

For the Appellant(s) : Mr. R.S. Mazumdar, Sr. Advocate M/s. Md. Asadul Haque, Samsujjoha & Nishant Kumar Roy, Advocates For the State : Mr. Manoj Kumar Mishra, A.P.P.

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08/ 01.08.2024 I.A. No. 7646 of 2024 This interlocutory application has been filed by the appellant no.2 Musleuddin Ansari, praying therein to suspend his sentence and release him on bail during the pendency of this appeal.

2. The appellant no.2 Musleuddin Ansari has been convicted under Sections 304B/149 of IPC in connection with Hiranpur P.S. Case No. 82 of 2020, corresponding to G.R No. 51 of 2021 (S.T No. 26 of 2021). He has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000/- for the offence under Section 304B/149 of the IPC.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Learned counsel for the appellant submits that similarly situated co-appellant nos. 3 to 5 have been released on bail after suspending their sentence. The allegation is that wife of appellant no.1 was murdered. The cause of death is throttling but surprisingly there is no other sign of injury nor any mark of violence on the person of the deceased.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. Considering the aforesaid facts appellant nos. 3 to 5 being enlarged on bail after suspension of their sentence and case of this appellant is on the same footing, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant no.2, namely, Musleuddin Ansari is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Pakur in connection with Hiranpur P.S. Case No. 82 of 2020, corresponding to G.R No. 51 of 2021 (S.T No. 26 of 2021) with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Pakur once in every four months till the disposal of this appeal.

7. I.A. No. 7646 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Anjali/Pawan/-cp3