Jharkhand High Court
Md. Kamal Ansari @ Kamal Ansari vs The State Of Jharkhand on 25 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 549 of 2025
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Md. Kamal Ansari @ Kamal Ansari ...... Petitioner
Versus
1. The State of Jharkhand
2. Md. Wahid Ali ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Kumar Amit, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl. P. P.
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I. A. No. 7661 of 2025
03/25.06.2025 The present Criminal Revision has been filed on behalf of
the petitioner challenging the order dated 21.03.2025 passed in
Criminal Appeal No. 12 of 2025 by learned Sessions Judge,
Koderma by which learned Sessions Judge, Koderma has
dismissed the appeal on the ground of limitation and thus,
confirming the judgment of conviction and order of sentence dated
08.03.2017 passed by Sri Vishal Srivastava, learned Chief Judicial
Magistrate, Koderma in connection with Koderma P. S. Case No.
338 of 2013 corresponding to G. R. No. 1707 of 2013 [T. R. No.
771 of 2017] has been affirmed by which the petitioner has been
convicted for the offences under Sections 323, 341 and 324 of the
Indian Penal Code and sentenced to undergo S.I. for a period of
six (6) months for the offence under Section 323 of the Indian
Penal Code and sentenced to undergo S.I. for a period of fifteen
(15) days for the offence under Section 341 of the Indian Penal
Code and sentenced to undergo S.I. for a period of two (2) years
for the offence under Section 324 of the Indian Penal Code.
However, all the sentences have been directed to run
concurrently.
2. I. A. No. 7661 of 2025 has been filed on behalf of the
petitioner for grant of bail and for suspension of sentence.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. It is submitted by the learned counsel for the petitioner
that impugned judgments and sentence passed by the learned
Court are illegal, arbitrary and not sustainable in the eye of law. It
is submitted that Criminal Appeal No. 12 of 2025 of the petitioner
has been dismissed by the learned Appellate Court below on the
ground of delay of seven (7) years and the appeal has been
dismissed without deciding the same on merit vide impugned
order dated 21.03.2025. It is submitted that the petitioner is in
custody since 29.01.2025 i.e. for around five (5) months and as
such, he may be enlarged on bail.
5. Learned counsel for the State has opposed the prayer.
6. Having heard learned counsel for both the sides and from
perusal of records, it appears that the appeal of the petitioner has
not been decided on merit.
7. It also appears that the petitioner is in custody since
29.01.2025 i.e. for around five (5) months.
8. Considering the facts and in the circumstances of the
case, during pendency of this Criminal Revision, the petitioner
namely Md. Kamal Ansari @ Kamal Ansari is directed to be
released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of Sri Vishal Srivastava, learned Chief Judicial
Magistrate, Koderma/or his Successor Court in connection with
Koderma P. S. Case No. 338 of 2013 corresponding to G. R. No.
1707 of 2013 [T. R. No. 771 of 2017]
9. Thus, I. A. No. 7661 of 2025 stands disposed of.
10. Issue notice to the opposite party no. 2 under registered
cover with A/D and ordinary process and for which requisites
etc. must be filed within two weeks from today.
11. Call for the scanned copy of the Lower Court Records
12. Put up this case after six weeks.
(Sanjay Prasad, J.)
Kamlesh/
