Jharkhand High Court
Md. Ayub Alam vs The State Of Jharkhand on 8 May, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 766 of 2024
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1. Md. Ayub Alam
2. Md. Gulam Khawaja @ Gulam Khawaja
3. Md. Salahuddin Ansari
4. Md. Nasir Ahmad @ Nasir Ahamad
5. Md. Nazim Alam ......Appellants
Versus
The State of Jharkhand .......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. A. K Chaturvedi, Advocate
: Mr. Hadish Ansari, Advocate
For the State : Mrs. Kumari Rashmi, Advocate
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Order No: 08/ Dated: 08.05.2025
This Criminal Appeal has been filed on behalf of the
appellants by challenging the judgment of conviction dated
13.08.2024 and sentence dated 17.08.2024 passed by Sri S.K
Maharaj, learned Additional Sessions Judge-III, Palamu at
Daltonganj in connection with S.T Case No. 230 of 2019 arising
out of Hussainabad P.S Case No. 178 of 2017 by which the
appellant nos. 1 and 5 have been convicted for the offence under
Section 147, 307/149 and 506/149 of I.P.C and sentenced to
undergo R.I for one (01) year each under Section 147 of I.P.C, R.I
for seven (07) years each and to pay the fine of Rs. 10,000/- under
Section 307/149 of I.P.C and R.I for one (01) year each under
Section 506/149.
2. I.A No. 5399 of 2025 has been filed on behalf of the
appellant nos. 1 and 5 namely Md. Ayub Alam and Md. Nazim
Alam for suspension of sentence and for grant of bail during
pendency of this Criminal Appeal.
3. Learned counsel for the appellants has submitted that the
this is a case of altercation between two families. It is submitted
that there is general and omnibus allegation against several
persons including the Appellant No. 1 and Appellant No. 5 namely
Md. Ayub Alam and Md. Nazim Alam for assaulting the informant
and his family members and no specific over act has been
attributed to them. It is submitted that there is a case and counter
case between both the sides.
It is further submitted that the Appellant No. 3
Md. Salahuddin Ansari had already been granted bail by the
Co-ordinate Bench (Justice Navneet Kumar, as then His Lordship
was) of this Court vide order dated 05.03.2025, Appellant No. 2
and Appellant No. 4 namely Md. Gulam Khawaja and Md. Nasir
Ahmad had also been granted bail by this Court vide order dated
23.04.2025 and the Appellant No. 1 and Appellant No. 5 remained
in custody since 13.08.2024 and hence, they may be enlarged on
bail.
4. On the other hand, learned counsel for the State has
opposed the prayer for bail.
5. During course of argument, learned counsel for the
petitioner has not pressed I.A for Appellant No. 1 namely
Md. Ayub Alam and as such, the prayer for bail of the appellant
no. 1 namely Md. Ayub Alam is rejected at this stage.
6. So far as the Appellant No. 5 namely Md. Nazim Alam is
concerned, it appears that there is general and omnibus allegation
against the Appellant No. 5 Md. Nazim Alam.
7. It also appears that Appellant No. 3 Md. Salahuddin
Ansari had already been granted bail by the Co-ordinate Bench
(Justice Navneet Kumar, as then His Lordship was) of this Court
vide order dated 05.03.2025, Appellant No. 2 and Appellant No. 4
namely Md. Gulam Khawaja and Md. Nasir Ahmad had also been
granted bail by this Court vide order dated 23.04.2025.
8. Under the circumstances, the Appellant No. 5 Md. Nazim
Alam is directed to be released on bail on furnishing bail bonds of
Rs. 20,000/- with two sureities of the like amount each to the
satisfaction of Sri S.K Maharaj, learned Additional Sessions
Judge-III, Palamu at Daltonganj/or his successor Court in
connection with S.T Case No. 230 of 2019 arising out of
Hussainabad P.S Case No. 178 of 2017.
(Sanjay Prasad, J.)
Avinash/
