Qurban Ansari vs The State Of Jharkhand
2024 Latest Caselaw 10079 Jhar

Jharkhand High Court

Qurban Ansari vs The State Of Jharkhand on 21 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                                   Criminal Appeal (S.J.) No. 248 of 2024
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1. Qurban Ansari, aged about 45 years, s/o Tajmul Ansari

2. Firoj Ansari, aged about 50 years, s/o Tajmul Ansari

3. Sakina Khatoon, aged about 25 years, D/o Firoj Ansari, w/o Hafiz Ansari All r/v Saguni PO & PS Patan, Dist. Palamau .... Appellant(s)

-- Versus --

            The State of Jharkhand                               .... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Manoj Kr. No.2, Advocate For the State :- Mr. Bishambhar Shastri, Advocate

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05/21.10.2024 Admit.

Call for the Trial Court Record.

2. The I.A. No. 9205 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

3. Heard the learned counsel for the appellants and the learned counsel for the respondent State.

4. The learned counsel for the appellants submits that the appellants have been convicted by the judgment and the order of sentence dated 14.03.2024 passed by learned Additional Sessions Judge-III, Palamau at Daltonganj for the offence under section 324 of the IPC along with other Sections and sentenced to undergo rigorous imprisonment for three years.

5. The learned counsel for the appellants submits that learned court has already granted provisional bail to the appellant by the order dated 14.03.2024, however, the petition for confirmation of the provisional bail was not filed. He further submits that the appellants have surrendered before the learned court on 13.08.2024 and they have been taken into custody. He submits that the in view of prayer made in interlocutory application, the same may kindly be allowed.

6. The learned State counsel submits that after receiving of the trial court record, the order may kindly be passed in the said interlocutory application.

7. Considering that the maximum sentence is of three years, the appellants were already granted provisional bail by the learned court, however they are not being able to file petition for confirmation before the High Court and they have voluntary surrendered before the learned court on 13.08.2024, I am inclined to grant bail to the appellant, during pendency of this appeal.

8. Accordingly, appellants, above named, are directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-III, Palamau at Daltongaj in Sessions Trial No. 303 of 2019 in connection with Paton P.S. Case No. 74 of 2018, corresponding to G.R. No. 1681 of 2018.

9. Instant I.A meant for grant of bail is allowed and disposed of.

( Sanjay Kumar Dwivedi, J.)

Anjali/ cp3