Jharkhand High Court
Kala Mirza vs The State Of Jharkhand on 27 February, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.266 of 2024
Kala Mirza, aged about 47 years, son of Late Mudhin Mirza, resident of village
Mashna, P.O. - Radhanagar, P.S. Radhanagar, District - Sahibganj
..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Gautam Kumar, Advocate
For the State : Mr. Sardhu Mahto, APP
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6/27.02.2025 Heard learned counsel appearing on behalf of the appellant and learned APP
appearing on behalf of the State.
2. This appeal is admitted.
3. Learned State counsel waives notice on behalf of the State.
4. Call for the Lower Court Records.
5. It has been submitted on behalf of the appellant that this interlocutory
application has been filed for suspension of sentence by enlarging the appellant on
bail during pendency of this appeal, which has been preferred against the judgment
of conviction dated 08.04.2024 and order of sentence dated 16.04.2024 passed by
learned Additional Sessions Judge-I, Rajmahal, in Sessions Trial No.63 of 2022,
arising out of Radhanagar P.S. Case No.157 of 2021, corresponding to G.R. Case
No.589 of 2021, whereby and whereunder the appellant has been convicted for the
offence under Sections 376, 511, 323 and 325 of IPC and sentenced to undergo R.I.
for seven years for offence under Sections 376/511 of IPC and further sentenced to
R.I. For five years and a fine of Rs.50,000/- for offence under Section 325 of IPC
and in default of payment of fine, one-year simple imprisonment, under Section 323
of IPC, a fine of Rs.10,000/- and in default of fine, 90 days S.I. was awarded and all
the sentences shall run concurrently.
6. At the outset, it has been pointed out that the maximum sentence awarded to
the appellant is seven years R.I. and this appellant is continuously in jail since
08.08.2021, i.e. from the next date of occurrence. Further it has been pointed out
that the appellant is very aged person and he has already served half of the sentence
and this appeal is not likely to be heard in near future and therefore, he deserves to
be enlarged on bail by suspending the order of sentence.
7. On the other hand, learned APP appearing on behalf of the State opposed the
contentions raised on behalf of the appellant, but very fairly submitted that the
appellant has already served half of the sentence, but it has also been pointed out
that the appellant has been convicted for the offences punishable under Sections
376, 511, 323 and 325 of IPC and therefore he does not deserve to be enlarged on
bail.
8. Having heard learned counsel for the parties, perused the record of this case.
9. Having taken into consideration the persuasive submissions advanced on
behalf of the appellant and under the facts and circumstances of this case, it is found
just and fair to enlarge the appellant on bail during pending of this appeal.
10. Accordingly, this appellant Kala Mirza is directed to be enlarged on bail
during pending of this appeal on furnishing bail bond of Rs.25,000/- (Rupees
Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction
of the court of learned Additional Sessions Judge-I, Rajmahal, in Sessions Trial
No.63 of 2022, arising out of Radhanagar P.S. Case No.157 of 2021, corresponding
to G.R. Case No.589 of 2021.
11. Accordingly, the interlocutory application being I.A. No.4878 of 2024 gets
disposed of.
(Navneet Kumar, J.)
R.Kumar
