Jharkhand High Court
Md. Rintu @ Md. Monazir @ Md. Muladi @ Md. ... vs The State Of Jharkhand on 1 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 745 of 2023
Md. Rintu @ Md. Monazir @ Md. Muladi @ Md. Monazir Ansari, aged about
43 years, son of Mujibur @ Mujibul, resident of Village Manjhgaon, P.O. &
P.S. Manjhgaon, District- West Singhbhum, 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 : Mr. Madhav Prasad, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
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06/01.10.2024 I.A. No. 9411 of 2023
Heard Mr. Madhav Prasad, learned counsel appearing for the appellant
and Mr. Sanjay Kumar Srivastava, learned counsel appearing for the State.
2. This appeal has already been admitted and the L.C.R. is on the
record.
3. I.A. No. 9411 of 2023 has been filed for suspension of sentence,
during pendency of the instant criminal appeal.
4. Learned counsel appearing for the appellant submits that the
appellant has been convicted and sentenced vide judgment of conviction
and order of sentence dated 21.08.2023 and 22.08.2023 respectively
passed by the learned Additional Sessions Judge-I, West Singhbhum at
Chaibasa in S.T. Case No.155 of 2021, arising out of Jagannathpur P.S. Case
No.26 of 2009, whereby, he is sentenced to undergo R.I. for 8 years for the
offence punishable under Section 395 of the Indian Penal Code and he is
also directed to pay fine of Rs.5,000/- and in case of default of payment of
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fine, he is further sentenced to undergo S.I. for 3 months, further the
appellant is sentenced to undergo R.I. for 8 years for the offence punishable
under Section 397 of the Indian Penal Code and both the sentences have
been directed to run concurrently. He further submits that the appellant has
remained in judicial custody for a considerable period i.e. from 17.06.2009
to 28.04.2010 and, thereafter from 03.08.2022 to till date. He also submits
that the appellant was not identified in Test Identification Parade conducted
during investigation. By way of drawing attention of the Court to the
deposition of P.W.11, he submits that he has not identified the appellant
even in the Court and identification by the witnesses of some of the accused
persons in Court for the first time. He further submits that the appellant was
on bail during the trial, however, he was taken into custody later on at the
time of judgment. He submits that the co-convicts, namely, Md. Rejauddin,
Md. Amzak @ Karu, Md. Shahabuddin, Md. Sanno @ Giyasuddin @ Md.
Sannu @ Gayasuddin and Md. Saddam @ Saddam Hussain have already
been enlarged on bail. He also submits that the appellant is having ailment.
5. Learned counsel appearing for the State opposed the prayer on the
ground that even half of the sentence has not been completed as yet.
6. Considering the aforesaid facts and further considering that the
co-convicts have been released on bail, during the pendency of this appeal,
I am inclined to suspend the sentence and enlarge him on bail on his
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 Sessions Judge-I, West Singhbhum at Chaibasa in connection
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with S.T. Case No.155 of 2021, arising out of Jagannathpur P.S. Case No.26
of 2009.
7. Accordingly, I.A. No.9411 of 2023 is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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