Md. Mustaq vs The State Of Jharkhand
2025 Latest Caselaw 6970 Jhar

Jharkhand High Court

Md. Mustaq vs The State Of Jharkhand on 18 November, 2025

Author: Ambuj Nath

Bench: Ananda Sen, Ambuj Nath

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No. 644 of 2023
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            Md. Mustaq, S/o Gulam Mustafa R/o Village- Bandiyo, P.O. Birni &
            P.S. Nawadih District- Bokaro (Jharkhand)
                                                       ... Appellant(s).
                                     Versus
            The State of Jharkhand                     ... Respondent(s).
                                     ------
            CORAM        :     SRI ANANDA SEN, J.

SRI AMBUJ NATH, J.

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For the Appellant(s) : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P. .........

05 /18.11.2025: I.A. No.13296 of 2025 The earlier application for suspension of sentence was dismissed by this Court. By filing this interlocutory application, the appellant, namely, Md. Mustaq has renewed his prayer to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted and sentenced in connection in Sessions Trial Case No.142 of 2022, arising out of Bishnugarh P.S. Case No.218 of 2021 (G.R. Case No.46 of 2022), for the offence under Sections 25(1)(a)/35 and under Section 26(2)/35 of Arms Act. He has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.25,000/- for the offence under Sections 25(1)(a)/35 of Arms Act along with other sentences for the other offences.

3. Heard, the learned counsel for the appellant and learned Spl.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. Co-appellants have been granted bail after suspension of sentence. Further it is contended that this appellant has remained in custody since 14.11.2021, which is more than the period spend by the other co-appellants in custody.

6. Considering his statement and facts that co-appellants have been granted bail in Cr. Appeal (D.B) No.664 of 2023, Cr. Appeal (D.B) No.587 of 2023, Cr. Appeal (D.B) No.679 of 2023, Cr. Appeal (D.B) No.554 of 2023 and Cr. Appeal (D.B) No.683 of 2023 after suspension of sentence. The appellant is in custody for more than four years and there is no likelihood of this appeal to be taken up in near future, we are inclined to allow this application, appellant, named above is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- VII, Hazaribag, in connection with Sessions Trial Case No.142 of 2022, arising out of Bishnugarh P.S. Case No.218 of 2021 (G.R. Case No.46 of 2022) with a condition that one of the bailers must be a close relative of the appellant and with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Hazaribagh once in every six months till the disposal of this appeal.

7. Accordingly, the instant interlocutory application being I.A. No.13296 of 2025 stands allowed.

(ANANDA SEN, J.)

(AMBUJ NATH, J.)

18th November, 2025 R.S./Sandeep