Citation : 2025 Latest Caselaw 4592 Jhar
Judgement Date : 7 April, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 347 of 2024
Md. Seraj ...... Appellant
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Md. Hatim, Advocate
For the State : Mr. Manoj Kumar Mishra, APP
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th
06/Dated:07 April, 2025
I.A. No.3519 of 2025
This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction and sentence dated 21.03.2024 passed in Sessions Trial No.64 of 2023 by Sri Rajesh Sinha, learned Additional Sessions Judge-I, Bermo at Tenughat by which the appellant has been convicted for the charges under Sections 341 and 325 of IPC and sentenced to undergo S.I. for one month for the offence under section 341 of IPC and R.I. for three years and to pay fine of Rs.5000/- for the offence under section 325 of IPC.
Although the learned Court below has acquitted the appellant under Sections 307, 504 and 506 of IPC.
2. I.A. No.3519 of 2025 has been filed on behalf of the appellant for suspension of sentence and for grant of bail to the appellant, during pendency of the present Criminal Appeal.
3. Heard Md. Hatim, learned counsel for the appellant and Mr. Manoj Kumar Mishra, learned APP for the State.
4. Learned counsel for the appellant submitted that earlier the learned Trial Court vide impugned judgment and sentence dated 21.03.2024 convicted the appellant for the charge under section 325 IPC and sentenced him to undergo R.I. for three years and
to pay fine of Rs.5000/- for the charge under section 325 of IPC and released him on provisional bail for a period of four months i.e. till 20.07.2024. However, the appellant could not take steps within time. In the meantime, the appellant had filed I.A. No.250 of 2025 for confirmation of provisional bail which was rejected by the Co-ordinate Bench (Hon'ble Mr. Justice Ambuj Nath) of this Court vide order dated 10.02.2025 and thereafter the appellant had surrendered before the learned Court below on 21.02.2025 and hence, the appellant may be enlarged on bail.
5. On the other hand, learned APP has not raised objection on the point of grant of bail rather submitted that some compensation be paid to the injured victim.
6. Having heard learned counsel for the appellant and learned APP for the State and from perusal of the records, it appears that earlier the Trial Court vide impugned judgment and sentence dated 21.03.2024 has convicted the appellant for the charge under section 325 IPC and sentenced him to undergo R.I. for three years and to pay fine of Rs.5000/- for the charge under section 325 of IPC and granted provisional bail till 20.07.2024. However, the appellant could not comply with the direction.
7. Thereafter the appellant filed I.A. No.250 of 2025 before this Court for confirmation of provisional bail granted on 21.03.2024 but the said I.A. No.250 of 2025 was rejected by the Co-ordinate Bench (Hon'ble Mr. Justice Ambuj Nath) of this Court vide order dated 10.02.2025 by directing the appellant to surrender before the learned Court below.
8. It reveals from the I.A. No.3519 of 2025 that the appellant had surrendered before the learned Court below on 21.02.2025.
9. Considering the custody of the appellant and on the facts and in the circumstances of this case, the appellant namely, Md. Seraj is directed to be released on bail, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand only) with two sureties of the like amount each, to the satisfaction of Sri Rajesh Sinha, learned Additional Sessions Judge-I, Bermo at Tenughat/ or his Successor Court, in connection with Sessions Trial No.64 of 2023 subject to the condition that the appellant will pay Rs.20,000/- to the victim at the time of furnishing bail bonds and the said Rs.20,000/- may be handed over to the injured Victim or his family members.
10. Thus, I.A. No.3519 of 2025 is allowed and stands disposed of.
(Sanjay Prasad, J.) Saket/-
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