Jharkhand High Court
Md. Sheru @ Sheru Qurashi vs The State Of Jharkhand on 12 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 920 of 2024
Md. Sheru @ Sheru Qurashi, S/o Late Aslam Qurashi, R/o Village-Qurashi Mohalla, P.O-
Giridih, P.S.-Giridih (Town), Dist.-Giridih
...... ...... Appellant(s)
Versus
The State of Jharkhand ...... ...... Respondent(s)
With
Cr. Appeal (D.B.) No. 667 of 2024
Sahid Alam @ Sahid Qurashi, S/o Md. Gulam Rasul, R/o Village-Qurashi Mohalla, P.O &
P.S.-Giridih Town, Dist.-Giridih, Jharkhand
...... ...... Appellant(s)
Versus
The State of Jharkhand ...... ...... Respondent(s)
With
Cr. Appeal (D.B.) No. 786 of 2024
Md. Sallauddin @ Munna Qurashi @ Md. Salahuddin, S/o Md. Gulam Rasul, R/o Qurashi
Mohalla, P.S.-Giridih (Town), P.O-Giridih, Dist.-Giridih, Jharkhand
...... ...... Appellant(s)
Versus
State of Jharkhand ...... ...... Respondent(s)
With
Cr. Appeal (D.B.) No. 922 of 2024
Md. Faiz @ Faij Qurashi @ Md. Faij, S/o Aslam Qurashi @ Faiku, R/o Village-Qurashi
Mohalla, P.O-Giridih, P.S.-Giridih (Town), Distrct-Giridih
...... ...... 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. Sudhir Kr. Roy, Advocate
For the State : M/s Anup Pawan Topno & Lily Sahay, A.P.P.
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06 /12.09.2024: I.A. No. 9821 of 2024 in Cr. Appeal (D.B.) No. 920 of 2024 and I.A. No.
9818 of 2024 in Cr. Appeal (D.B.) No. 922 of 2024
These interlocutory applications have been filed by the appellants, praying therein to
suspend the sentence and release them on bail during the pendency of these appeals.
2. The appellants have been convicted under Sections 302, 147, 323 of IPC read with
Section 149 of I.P.C in connection with S.T. No. 477 of 2019. They have been
sentenced to undergo Imprisonment for life and a fine of Rs10,000/- for the offence
under Sections 302/149 of IPC.
3. Heard, learned counsel for the appellants and learned counsel for the State and have
gone through the impugned judgment, the evidence and the Trial Court Records.
4. Learned counsel for the appellants has submitted that the co-accused have been
granted bail in Cr. Appeal (DB) No. 667 of 2024 and 786 of 2024, i.e. the appeals
filed by Sahid Alam @ Sahid Qurashi and Md. Sallauddin @ Munna Qurashi @ Md.
Salahuddin respectively. He submits that so far as these appellants are concerned,
they have not given fatal blow upon the deceased, rather they were standing armed
with lathi.
5. Opportunity was given to the State to oppose the bail, which the State availed and
opposed and submitted that the presence of these appellants at the place of
occurrence cannot be disbelieved as they were standing with the lathi but she admits
that it is one Sannata who had given dagger blow on the lumber region of the
deceased.
6. From the aforesaid submissions, we find that the case of these appellants is similar to
that of co-accused- Sahid Alam @ Sahid Qurashi and Md. Sallauddin @ Munna
Qurashi @ Md. Salahuddin who have been enlarged on bail by this Court.
7. Considering the aforesaid facts and the fact that there is no likelihood of hearing of
these appeals in near future, we are inclined to allow these interlocutory applications.
Accordingly, upon suspending the sentence, the appellants- Md. Sheru @ Sheru
Qurashi and Md. Faiz @ Faij Qurashi @ Md. Faij, are directed to be released on bail
during the pendency of these appeals, on furnishing bail bonds of Rs.10,000/- (Rs.
Ten Thousand only) each with two sureties of the like amount each to the satisfaction
of the learned Addl. Sessions Judge-VI, Giridih, in connection with S.T. No. 477 of
2019 with a condition that they shall appear and mark their attendance before the
Registrar, Civil Court, Giridih, once in every four months till the disposal of these
appeals.
I.A. No. 9821 of 2024 in Cr. Appeal (D.B.) No. 920 of 2024 and I.A. No. 9818 of
2024 in Cr. Appeal (D.B.) No. 922 of 2024 stand allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
AKT/Satendra
