Md. Rabbani Mian @ Md Rabbani vs The State Of Jharkhand
2025 Latest Caselaw 1571 Jhar

Jharkhand High Court

Md. Rabbani Mian @ Md Rabbani vs The State Of Jharkhand on 5 August, 2025

Author: Ananda Sen

Bench: Ananda Sen

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Criminal Appeal (D.B.) No.1502 of 2022
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      Md. Rabbani Mian @ Md Rabbani, S/o late Nijam Mian, R/o
      Village Harijan Toli, Khairantoli, Simdega, P.S. and District
      Simdega, Jharkhand.
                                                    ... ... Appellant
                                   Versus
      The State of Jharkhand.                     ... ... Respondent
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            CORAM : SRI ANANDA SEN, J.

: SRI PRADEEP KUMAR SRIVASTAVA, J.

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For the Appellant : Mr. Sujay Dayal, Advocate For the State : Mrs. Kumari Rashmi, A.P.P.

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07/ 05.08.2025

I.A. No.418 of 2025

This Interlocutory Application has been filed by the

appellant praying therein to suspend the sentence and release

him on bail during pendency of this appeal.

2. This is the second attempt of the appellant, whereby

he is seeking to release him on bail after suspension of sentence.

Earlier, his prayer for suspension of sentence was rejected vide

order dated 02.04.2024 in I.A. No.2192 of 2024.

3. The appellant has been convicted and sentenced in

connection with S.T. No.48 of 2018 (Simdega Mahila P.S. Case

No.29 of 2017 corresponding to G.R. No.445 of 2017), for

offence under Sections 376 & 506 IPC. He has been sentenced

to undergo rigorous imprisonment for 14 years with a fine of

Rs.20,000/- under Section 376 IPC along with other sentences.

4. Heard, learned counsel representing the appellant

and learned A.P.P. representing 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. Admittedly, the petitioner is in custody from

31.10.2017. Thus, he has served half of the sentence.

7. Considering the fact that the appellant has served

half of the sentence and there is no likelihood of this appeal being

taken up in near future, we are inclined to allow this application.

8. Accordingly, upon suspending the sentence, the

appellant is directed to be released on bail during the pendency

of this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees

Ten Thousand) with two sureties of the like amount each to the

satisfaction of the learned Additional Sessions Judge, Simdega

in S.T. No.48 of 2018, subject to the condition that one of the

bailor must be the close relative of the appellant who will have

sufficient landed property in his own name and another bailer

should be the local resident with a further condition that the

appellant shall appear and mark his attendance before the

Registrar, Civil Court, Simdega, once in every four months till the

disposal of this Appeal.

9. This interlocutory application is, accordingly,

allowed.

(ANANDA SEN, J.)

(PRADEEP KUMAR SRIVASTAVA, J.)

Prashant. Cp-3