Jharkhand High Court
Md.Shahrukh @ Suman @ Shahrukh vs The State Of Jharkhand on 24 October, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 1123 of 2023
Md.Shahrukh @ Suman @ Shahrukh ...... Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
With
Criminal Appeal (V) No. 09 of 2023
Aman Kumar ...... Appellant(s)
Versus
Md.Shahrukh @ Sumun @ Suman @ Md. Sahrukh & Ors....Respondent(s)
With
Criminal Appeal (S.J.) No. 450 of 2023
Bakhtiyar Ali @ Bakhtayar Ali ...... Appellant(s)
Versus
The State of Jharkhand ......Respondent(s)
With
Criminal Appeal (D.B.) No. 22 of 2024
State of Jharkhand through Deputy Commissioner,
West Singhbhum at Chaibasa ...... Appellant(s)
Versus
Mr. Shahrukh @ Md. Sahrukh @ Sumun
@ Suman and Anr. ......Respondent(s)
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CORAM : SRI ANANDA SEN, J.
: SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr. B.M. Tripathy, Sr. Advocate.
M/s Naveen Kr. Jaiswal, Nutan Kumari Sharma,
Arun Kumar, Advocates.
For the State : Mr. Bhola Nath Ojha, A.P.P.
For the Informant : Mr. Pandey Neeraj Rai, Advocate.
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I.A. No. 11236 of 2024 in Cr.A.(DB) No. 1123 of 2023
11/24.10.2024: This interlocutory application has been filed by the appellant-
Md. Shahrukh @ Suman @ Shahrukh praying therein to suspend the
sentence and release him on bail during the pendency of this appeal.
2. The appellant has been been convicted in connection with
Sessions Trial No. 263 of 2021 for the offence under Section(s) 341,
323, 324 and 304, Part-II of the Indian Penal Code. He has been
sentenced to undergo rigorous imprisonment for 10 years and fine of
Rs.10,000/- under Section 304 Part-II IPC and other sentence for the
other offence.
3. Heard the learned senior counsel for the appellant and
learned A.P.P as well as informant and have gone through the impugned
judgment, the evidence and the Trial Court Records.
4. Opportunity was given to the State and the informant to
oppose the bail, which the State and the informant availed and opposed.
5. After hearing the parties and going through the deposition of
the witnesses, we find that there is direct allegation against this appellant
of stabbing multiple times the deceased. Though the appellant has been
convicted for committing offence under Section 304-Part II IPC, yet we
find that there are appeals by the State and the informant for challenging
the aforesaid finding as they claim that case would come under Section
302 IPC.
6. Prima facie, the prayer of the informant and the State cannot
be brushed aside considering the nature of the injuries as well as the
testimony. Thus, we are not inclined to allow this interlocutory
application. The prayer for the bail of the appellant, namely, Md.
Shahrukh @ Suman @ Shahrukh is rejected.
7. Accordingly, this interlocutory application stands dismissed.
8. Further, we are ready to hear these appeals in totality, thus
these appeal should be listed immediately under the heading "For Final
Hearing".
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Anu/-Cp-3
