Md. Meraj @ Md. Meraj Ansari vs The State Of Jharkhand
2024 Latest Caselaw 9996 Jhar

Jharkhand High Court

Md. Meraj @ Md. Meraj Ansari vs The State Of Jharkhand on 16 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (SJ) No. 91 of 2024
          Md. Meraj @ Md. Meraj Ansari, aged about 36 years, son of Sadik Mian,
          resident of Village Pandura Dargah Mohalla, P.O. and P.S. Barhi, District-
          Hazaribag (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. Sanjay Kr. Pandey-2, Advocate

For the State : Mr. Arup Kr. Dey, A.P.P.

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I.A. No. 2027 of 2024 10/16.10.2024 Heard learned counsel for the appellant and learned counsel for the State.

2. This appeal is already admitted and Trial Court Record is on record.

3. I.A. No. 2027 of 2024 has been filed for suspension of sentence and release the appellant on bail, during the pendency of this appeal.

4. Learned counsel for the appellant submits that the appellant has been convicted by judgment dated 17.01.2024 and sentenced by order dated 01.02.2024 passed in S.T. No. 211 of 2021 arising out of Barhi P.S. Case No. 88 of 2021, corresponding to G.R. No. 832 of 2021 by learned Additional Sessions Judge-VI-cum-Special Judge, C.A.W, Hazaribag. He further submits that the appellant has been sentenced to undergo R.I. for seven years along with fine of Rs. 10,000/- for the offence under section 304B of I.P.C and in default the appellant was directed to undergo further S.I. for two months.

5. Learned counsel for the appellant submits that the appellant is husband of the deceased and inlaws have already been granted bail in Criminal Appeal (SJ) No. 94 of 2024. He further submits that in para 43 of the deposition the Investigating Officer has stated that at the time of incident the appellant was not present in his house rather he was at Barhi Chowk. He submits that the appellant has remained in custody for one year and ten months.

6. Learned counsel for the State opposes the prayer and submits that the appellant has not completed half of the sentence.

7. Considering that in para 43 of the deposition the Investigating Officer has stated that at the time of incident the appellant was not present in his house rather he was at Barhi Chowk and the appellant has remained in custody for one year and ten months, I am inclined to grant bail to the appellant. Accordingly, the above named appellant is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, C.A.W, Hazaribag, in connection with S.T. No. 211 of 2021 arising out of Barhi P.S. Case No. 88 of 2021, corresponding to G.R. No. 832 of 2021.

8. The aforesaid interlocutory application is allowed and disposed of.

( Sanjay Kumar Dwivedi, J) Satyarthi