Jharkhand High Court
Raja Khan @ Julfekar Ali @ Md. Julfekar ... 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. 761 of 2023
Raja Khan @ Julfekar Ali @ Md. Julfekar Ali, aged about 29 years, son of
Md. Sajju, resident of Rahmat Colony, P.O. & P.S. Doranda, District- Ranchi
(Jharkhand) ... Appellant
-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 : Mrs. Ritu Kumar, Advocate
For the State : Mr. Pankaj Kumar Mishra, A.P.P.
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11/29.10.2024 I.A. No.11584 of 2024
Heard Mrs. Ritu Kumar, learned counsel for the appellant and
Mr. Pankaj Kumar Mishra, learned counsel for the State.
2. I.A. No.11584 of 2024 has been filed for grant of bail and suspension
of sentence, during pendency of the present criminal appeal.
3. This appeal is already admitted and the Trial Court Records has been
received.
4. Mrs. Ritu Kumar, learned counsel for the appellant submits that the
appellant has been convicted and sentenced vide judgment of conviction
and order of sentence dated 20.07.2023 and 25.07.2023 respectively passed
by the learned Additional Judicial Commissioner, XV, Ranchi in connection
with Sessions Trial No.134/2022 arising out of Jagarnathpur P.S. Case
No.143/2021(S), corresponding to G.R. No.242/2022(S), whereby, he has
been sentenced to undergo R.I. for 7 years with fine of Rs.10,000/- for the
offence under Section 395/412 of IPC and in default of payment of fine, he
has been further sentenced to undergo R.I. for 1 years.
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5. Learned counsel for the appellant further submits that earlier one I.A.
was filed being I.A. No.4850 of 2024, however, at the time of hearing in that
I.A., the Coordinate Bench has taken view that the appeal itself can be
heard on merit, however, the appeal has not been heard on merit. She
further submits that in identical situation, another co-accused, namely,
Manoj Bhagar @ Manoj Kumar Bhagat has been granted bail by the
Coordinate Bench of this Court in Cr. Appeal (SJ) No.773 of 2023, vide order
dated 08.07.2024. She also submits that the child of this appellant has been
diagnosed with kidney problem and for treatment of his child, the appellant
is also required to take care of his child. She then submits that there is no
likelihood of taking up of this appeal at an early date. She submits that the
appellant has remained in custody for about one year and three months.
6. Mr. Pankaj Kumar Mishra, learned counsel for the State opposed the
prayer on the ground that even half of the sentence has not been
completed by the appellant.
7. Considering that in identical situation, co-accused has been granted
bail by the Coordinate Bench of this Court and further the appellant is
required to take are of his ailing daughter, during the pendency of this
criminal appeal, I am inclined to enlarge the above named appellant on bail
on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Additional Judicial Commissioner, XV, Ranchi in connection with Sessions
Trial No.134/2022 arising out of Jagarnathpur P.S. Case No.143/2021(S),
corresponding to G.R. No.242/2022(S).
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8. Accordingly, I.A. No.11584 of 2024 is allowed and disposed of.
9. In view of allowing of I.A. No.11584 of 2024, I.A. No.4850 of 2024
has become infructuous and, as such, I.A. No.4850 of 2024 is disposed of
as infructuous.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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