Jharkhand High Court
Nazir Sheikh @ Najir Sk vs The State Of Jharkhand on 30 September, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.516 of 2024
Nazir Sheikh @ Najir Sk., aged about 47 years, son of Late Ketabul Sheikh,
resident of Village- Uditnagar, P.O. Uditnagar, P.S. Shamsherganj, District-
Murshidabad (West Bengal) ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Rajeeva Kr. Sharma, Sr. Advocate
Mr. Om Prakash, Advocate
Mr. Ritesh Kumar, Advocate
For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P.
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th
Order No.4: Dated 30 September, 2024
I.A. No.10640 of 2024
The instant interlocutory application has been filed for suspension of
sentence under Section 389(1) & (2) of Cr.P.C. during the pendency of the
appeal, which has been filed against the Judgment of conviction dated
19.03.2024 and order of sentence dated 21.03.2024, passed by learned
Additional Sessions Judge-I, Pakur in Sessions Trial No.19 of 2016, whereby
this appellant along with co-convicts have been convicted for the offences
under Section 302/34 of Indian Penal Code and sentenced to life
imprisonment and a fine of Rs.50,000/- each and directed the total fine
amount of Rs.3,00,000/- to be paid to the victim's family by way of
compensation and failing which, the appellant along with co-convicts was
further directed to undergo R.I. for six months.
2. Learned senior counsel Mr. Rajeeva Sharma appearing for the
appellant advanced the arguments by referring to the allegations as has been
levelled based upon which, the conviction has been passed against co-
convicts namely Tutul Sk. @ Khairul Sheikh @ Tutul Skeikh and Sabdul
1 Cr. Appeal (DB) No.516 of 2024
Sheikh, that all were having with the lathi, danda etc. and this appellant is
also among of them and the identically placed convicts namely Tutul Sk. @
Khairul Sheikh @ Tutul Skeikh and Sabdul Sheikh have been directed to be
released from judicial custody after suspension of sentence in I.A. No.5959 of
2024 connected with Cr. Appeal (DB) No.537 of 2024 vide order dated
02.07.2024 and in I.A. No.6585 of 2024 connected with Cr. Appeal (DB)
No.525 of 2024 vide order dated 16th July 2024 by the coordinate Bench of
this Court, it has been submitted that the allegation against the present
appellant is identical to that of co-convicts above named and therefore it is
also a case where the sentence is to be suspended.
3. On the other hand, learned Special P.P. representing the State has
vehemently opposed the prayer for bail. It has been submitted by learned
Special P.P. by making reference of the allegations levelled against the
appellant as has been taken note by the learned trial court that the appellant
has been found assaulting by the stone.
4. Learned senior counsel appearing for the appellant upon such
submission submitted that there is no allegation of assault by the appellant
upon the deceased by the stone and that would be considered from the first
information report.
5. We have heard learned counsels for the parties, gone through the
allegations made in the first information report, wherefrom it is evident that
there is omnibus and general allegation have been levelled against the
appellant along with co-convicts namely Tutul Sk. @ Khairul Sheikh @ Tutul
Skeikh and Sabdul Sheikh, who have been directed to be enlarged on bail by
the coordinate Bench of this Court.
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6. Accordingly, in consequence thereof, the appellant, named above, is
directed to be released on bail during pendency of this appeal, on furnishing
bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Additional Sessions Judge-
I, Pakur in Sessions Trial No.19 of 2016.
7. Accordingly, the instant interlocutory application being I.A. No.10640
of 2024 stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
R.Kumar
3 Cr. Appeal (DB) No.516 of 2024
