Jharkhand High Court
Ranbir Mandal @ Ranvir Mandal vs The State Of Jharkhand on 29 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 556 of 2024
Ranbir Mandal @ Ranvir Mandal, aged about 29 years, son of Basudeo
Mandal, resident of Village Jorasimar, P.O. Budhudih, P.S. Ahilyapur, District-
Giridih, Jharkhand ..... Appellant
With
Cr. Appeal (SJ) No. 557 of 2024
Etwari Mandal @ Atwari Mandal aged about 39 years, son of Muni Mandal,
resident of village Panchantarn, P.O. and P.S. Ahilyapur, District-Giridih,
Jharkhand ..... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR JUSTICE SANJAY KUMAR DWIVEDI, J.
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For the Appellant(s) :- Mr. Mahesh Tewari, Advocate
Md. Zaid Ahmed, Advocate
For the State : Mr. S.K. Tiwari, A.P.P.
Mr. Abhay Kr. Tiwary, A.P.P.
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I.A. No. 9214 of 2024 (in Cr. Appeal (SJ) 556 of 2024) and I.A. No.9199 of 2024 (in Cr.
Appeal (SJ) No. 557 of 2024)
03/ 29.10.2024 Heard learned counsel appearing for the appellants and
learned counsel appearing for the State.
2. These appeals have already been admitted and the Trial Court
Record has been received.
3. I.A. No. 9214 of 2024 (in Cr. Appeal (SJ) 556 of 2024) and I.A.
No.9199 of 2024 (in Cr. Appeal (SJ) No. 557 of 2024) have been filed for
grant of bail and suspension of sentence, during pendency of the present
criminal appeal.
4. Learned counsel appearing for the appellants submits that the
appellants have been convicted by judgment of conviction and order of
sentence dated 16.08.2024 by the learned Special Judge, Cyber Crime,
Jamtara, in Cyber Case No. 02 of 2019, arising out of Jamtara Cyber
Crime P.S. Case No. 14 of 2019. He submits that the appellants have
been sentenced to R.I. for 4 years and fine of Rs. 30,000/- each for the
offence under section 420 of I.P.C. and in default of payment of fine,
further to undergo S.I. for three months. He submits that other
sentences are also there in different sections however it was ordered
that all the sentences will run concurrently.
5. Mr. Mahesh Tewari, learned counsel for the appellants submits
that the appellant in Cr. Appeal (SJ) No. 556 of 2024 has remained in
custody for one year one month and seventeen days and the appellant
in Cr. Appeal (SJ) No. 557 of 2024 has remained in custody for eight
months. He submits that the case has been registered in several sections
of I.P.C. However the learned court has acquitted the appellants under
sections 414, 467, 468, 471, 120B of the I.P.C. and sections 66(B) and
66(C) of the I.T. Act as the prosecution has not produced any evidence.
5. Learned counsel appearing for the State opposed the prayer on
the ground that amount has been recovered from the e-wallet of the
appellants.
6. In view of the above and considering that the appellant in Cr.
Appeal (SJ) No. 556 of 2024 has remained in custody for one year one
month and seventeen days and the appellant in Cr. Appeal (SJ) No. 557
of 2024 has remained in custody for eight months, the case has been
registered in several sections of I.P.C. however the learned court has
acquitted the appellants under sections 414, 467, 468, 471, 120B of the
I.P.C. and sections 66(B) and 66(C) of the I.T. Act as the prosecution has
not produced any evidence and seizure list witnesses P.W. 1 and 2 have
not identified the appellants, I am inclined to enlarge the appellants on
bail. Accordingly, the above named appellants are directed to be released
on bail during pendency of this appeal on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Special Judge,
Cyber Crime, Jamtara, in Cyber Case No. 02 of 2019, arising out of
Jamtara Cyber Crime P.S. Case No. 14 of 2019.
7. Accordingly, aforesaid I.As. are allowed and disposed of.
( Sanjay Kumar Dwivedi, J)
Satyarthi
