Jawed Ansari @ Raju vs The State Of Jharkhand
2024 Latest Caselaw 9115 Jhar

Jharkhand High Court

Jawed Ansari @ Raju vs The State Of Jharkhand on 10 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Criminal Appeal (D.B.) No.2107 of 2023
                                     -----
           Jawed Ansari @ Raju, S/o Anwar Ansari, R/o Village Rampur, P.O. &
           P.S.- Lohardaga, District- Lohardaga (Jharkhand)....Appellant(s).
                                     Versus
           The State of Jharkhand                          .... Respondent(s).
                                     WITH
                       Criminal Appeal (D.B.) No.2099 of 2023
                                     -----
           Wasim Ansari @ Pintu, S/o Salimul Ansari, R/o Village Rampur, P.O.
           & P.S.- Lohardaga, District- Lohardaga (Jharkhand)....Appellant(s).
                                     Versus
           The State of Jharkhand                          .... Respondent(s).
                                     ........

           CORAM        :     SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Jitendra S. Singh, Advocate Md. Razullah Absari, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P. .........

06 /10.09.2024: I.A. No.8158 of 2024 in Cr. Appeal (D.B.) No.2107 of 2023 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted for the offence under Sections 302/34, 323/34, 341/34, 506/34 of IPC in connection with Sessions Trial No.97 of 2021. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.30,000/- for the offence under Section 302/34 of IPC along with other sentences.

3. Heard, learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. From the evidence of P.W.-1, we find that this appellant though initially assaulted the deceased with fist and slap along with others, but when the others chased the deceased, he left the house where the incident had taken place. Further, the assault was by fist and slap and no weapon was used. Incident happened as the deceased posted some objectionable picture of a female member of the family of one of the accused.

6. Considering the aforesaid fact, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Jawed Ansari @ Raju is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-III, Lohardaga in connection with Sessions Trial No.97 of 2021 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Lohardaga, once in every four months till the disposal of this appeal

7. Accordingly, I.A. No.8158 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) R.S.