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Nazmi Hasan vs The State Of Jharkhand
2025 Latest Caselaw 5189 Jhar

Citation : 2025 Latest Caselaw 5189 Jhar
Judgement Date : 25 April, 2025

Jharkhand High Court

Nazmi Hasan vs The State Of Jharkhand on 25 April, 2025

Author: Ananda Sen
Bench: Ananda Sen
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (S.J.) No.538 of 2023
                                     -----
           Nazmi Hasan, S/o late Noor Hassain, aged about 56 years, R/o
           House No. 854/D, 1st Street Hindpiri, Lah Factory Road, PO GPO, PS
           Hindpiri, District Ranchi                         ... Appellant(s).
                                     Versus
           The State of Jharkhand                            ... Respondent(s).
                                     With
                         Criminal Appeal (S.J.) No.533 of 2023
                                           -----
           Anmol Singhania, aged about 28 years, S/o late Sanjay Singhania,
           R/o H. No. 102, near Gramin Bank, Upper chutia, PO and PS Chutia,
           District Ranchi, Jharkhand                        ... Appellant(s).
                                     Versus
           The State of Jharkhand                            ... Respondent(s).
                                     With
                         Criminal Appeal (S.J.) No.583 of 2023
                                     With
                         Criminal Appeal (S.J.) No.761 of 2023
                                     With
                         Criminal Appeal (S.J.) No.803 of 2023
                                     ........
           CORAM         :      SRI ANANDA SEN, J.

------

For the Appellant(s) : Mr. Shailesh Poddar, Advocate Mr. Amit Kumar Das, Advocate Ms. Kanishka Deo, Advocate Mr. Nilesh Sarkar, Advocate For the State : Ms. Priya Shreshtha, Spl. PP Mr. Tapas Roy, APP.

.........

08 /25.04.2025: I.A. No.13198 of 2024 in Cr.A. (SJ) No. 538 of 2023 with I.A. No.8642 of 2024 in Cr.A. (SJ) No. 533 of 2023 Heard, learned counsel for the parties.

2. 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.

3. The appellants have been convicted for the offence under Sections 395/412 of IPC in connection with Sessions Trial No.138 of 2022. They have been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.10,000/-.

4. Heard, learned counsel for the appellants and learned Spl.PP and A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

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

6. The appellants have remained in custody for more than two years. The punishment is of seven years. There is absolutely no likelihood of hearing these criminal appeals to be taken up in near future as Criminal Appeal (SJ) heard by the Single Judge which was filed in the year 2007-2009 is before this Court and hearing of Criminal Appeal (SJ) of the year 2003-2006 is before another coordinate Bench. There is no roster of hearing for Criminal Appeal (SJ) which was filed in the year 2023.

7. These cases have been listed only for consideration before this Court as the bail application was tied-up as because it was earlier rejected by this Court.

8. Since there is no likelihood of this appeal to be taken up in near future due to want of roster, I am inclined to allow these interlocutory applications. Accordingly, upon suspending the sentence, the appellants, namely, Nazmi Hasan [in Cr.A.(SJ) No. 538 of 2023] and Anmol Singhania [in Cr.A.(SJ) No. 533 of 2023] are directed to be released on bail during the pendency of these appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner-XV, Ranchi in connection with Sessions Trial No.138 of 2022 with a condition that the appellants shall appear and mark their attendance before the Registrar, Civil Court, Ranchi, once in every four months till the disposal of these appeals.

9. Accordingly, I.A. No.13198 of 2024 and I.A. No. 8642 of 2024 stand allowed.

(ANANDA SEN, J.) Tanuj

 
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