Jharkhand High Court
Md. Abdul Jabbar @ Md. Zabbar vs The State Of Jharkhand ....... Opp. ... on 16 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 527 of 2023
1.Md. Abdul Jabbar @ Md. Zabbar
2.Nanki Bibi ...... Petitioners
Versus
The State of Jharkhand ....... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Ranjan Kumar Ravidas, Advocate
: Mr. Yasir Arafat, Advocate
For the State : Mr. Suraj Deo Munda, APP
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th
11/Dated: 16 January, 2025
I.A. No.7672 of 2024
This Criminal Revision Application has been filed on
behalf of the petitioners challenging the judgment dated
31.01.2023 passed by Sri Manoj Kumar Singh, learned Sessions
Judge, Sahibganj in Cr. Appeal No.95 of 2018 by which the
appeal filed on behalf of the petitioners and one Md. Abdul
Gaffar has been dismissed thereby affirming the judgment of
conviction and order of sentence dated 28.09.2018 passed by Sri
Prabhat Kumar Sharma, learned Chief Judicial Magistrate,
Sahibganj in P.C.R. Case No.443/2014 by the which the
petitioners have been convicted for the offences under Sections
498(A) of the IPC and under Section 4 of the Dowry Prohibition
Act and have been sentenced to undergo S.I for one year and
one year each respectively and Rs.500/- and Rs.500/-
respectively.
2. I.A. No.7672 of 2024 has been filed on behalf of the
petitioners under section 389(2) Cr.P.C for suspension of
sentence and for grant of bail to the petitioners, during pendency
of the present Criminal Revision Application.
3. Heard learned counsel for the petitioners and learned APP
for the State.
4. Learned counsel for the petitioners has submitted that the
impugned judgments and sentence passed by the learned Courts
below are illegal, arbitrary and not sustainable in law. It is
submitted that the petitioners are father in-law and mother in-
law of the complainant in the case instituted by the complainant
and they are in custody since 08.07.2024 and they have served
more than half of the sentence. It is submitted that complainant
has died after the judgment passed in in Cr. Appeal No.95 of
2018 and hence petitioners may be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer for
bail and has submitted that there is concurrent finding of facts
and the conviction of the petitioners has been affirmed by the
learned Courts below. It is submitted that the husband has not
surrendered as yet and hence their prayer for bail may be
rejected.
6. Having heard learned counsel for both the sides and
considering the fact that the petitioners are the father in-law and
mother in-law of the complainant and they are in custody for
more than six (06) months, the petitioners namely Md. Abdul
Jabbar @ Md. Zabbar and Nanki Bibi are directed to be released
on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand
only) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Sahibganj in
connection with P.C.R. Case No.443/2014.
7. Thus, I.A. No.7672 of 2024 is allowed and stands disposed
of.
8. Under the circumstances, learned APP for the State may
verify the death of the complainant through the concerned
Police Station in the District of Sahibganj and may file
necessary affidavit through the concerned Police Station.
9. Put up this case after six weeks.
(Sanjay Prasad, J.)
Saket/-
