Md. Matiur Rahman @ Motiyal vs The State Of Jharkhand
2024 Latest Caselaw 10588 Jhar

Jharkhand High Court

Md. Matiur Rahman @ Motiyal vs The State Of Jharkhand on 22 November, 2024

Author: Ambuj Nath

Bench: Ambuj Nath

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Appeal(SJ) No. 797 of 2023

      1. Md. Matiur Rahman @ Motiyal, aged about 50 years, S/o late Md.
      Alim
      2. Tausif Raza, aged about 22 years, S/o Md. Matiur Rahman
      3. Md. Jahangir, aged about 51 years, S/o late Md. Alim.
      4. Zaid Raza, aged about 21 years, S/o Md. Jahangir
      5. Kamil Ashraf, aged about 23 years, S/o Md. Ashraf Ansari
      6. Gulshad Raza,aged about 21 years, S/o Md. Sharfuddin Ansari
      7. Md. Sharfuddin @ Samsuddin, aged about 58 years, S/o late Md. Alim
      8. Tabish Ashraf, aged about 21 years, S/o Md. Ashraf Ansari
      9. Danish Ashraf, aged about 24 years, S/o Md. Ashraf Ansari
      10. Md. Ashraf @ Md. Ashraf Ansari, aged about 63 years, S/o late Md.
      Alim.
             All resident of Mali Tola, Khirgaon, P.O. and P.S.- Sadar, Bara
      Bazar, Dsitrict- Hazaribag                            ... Appellants
                               - Versus -
      The State of Jharkhand                            ... ... Respondent
                                ------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellants : Mr. P. A. N. Roy, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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09/22.11.2024

This interlocutory application has been filed under section 389 (1) of the Cr.P.C. on behalf of the appellant No.5 Kamil Ashraf, appellant No.9 Danish Ashraf and appellant No.10 Md. Ashraf @ Md. Ashraf Ansari for grant of bail to them, during the pendency of this appeal.

It appears that bail application of these appellants were earlier rejected by this Court vide order dated 20.06.2024 in I.A. No.4454 of 2024 with a liberty to renew their prayer for bail after four months.

This Criminal Appeal has been filed against the judgment of conviction dated 27.09.2023 and order of sentence dated 29.09.2023, passed by Sri Satya Prakash Sinha, learned Sessions Judge, Hazaribagh in connection with S.T. Case No. 297/2022, arising out of Sadar P.S. Case No. 428/2020, Corresponding to G. R. Case No. 1419/2021, whereby and wherein the learned Sessions Judge, Hazaribagh held the appellants guilty of offences mainly under sections 307/149 of the Indian Penal Code and thereby sentenced them to undergo R.I. for 7 years alongwith a fine of

Rs.1000/- each. In default of payment of fine, the appellants were further directed to undergo S.I. for 01 month.

It was submitted that appellants are in custody for about one year and four months.

This appeal is of year of 2023 and the is not likely to be taken up for hearing in near future.

Considering the period of custody, I am inclined to release the appellant No.5 Kamil Ashraf, appellant No.9 Danish Ashraf and appellant No.10 Md. Ashraf @ Md. Ashraf Ansari, on bail. Accordingly, the appellant No.5 Kamil Ashraf, appellant No.9 Danish Ashraf and appellant No.10 Md. Ashraf @ Md. Ashraf Ansari , are directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Hazaribagh in connection with S.T. Case No. 297/2022, arising out of Sadar P.S. Case No. 428/2020, Corresponding to G. R. Case No. 1419/2021.

The aforesaid I.A. stands allowed.

(Ambuj Nath, J.) Jay/-