Jharkhand High Court
Aarif Ansari vs The State Of Jharkhand on 19 November, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.823 of 2025
....
1. Aarif Ansari, aged about 30 years, son of Nasir Ansari,
Resident of Village-Gardi, P.O. & P.S.-Garhwa, Dist.-Garhwa
2. Nasir Ansari, aged about 56 years, son of Subhan Ansari,
Resident of Village-Gardi, P.O. & P.S.-Garhwa, Dist.-Garhwa
......Appellants
Versus
1.The State of Jharkhand
2.Jahangir Ansari (Informant), S/O Late Subhan Ansari, R/O
Village- Gardi, P.O. & P.S.-Garhwa, Dist.- Garhwa
......Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Pankaj Srivastava, Advocate
For the State : Mr. Anchinto Sen, APP
......
th
Order No.06/19 November 2025
I.A. No.9901 of 2025
This Criminal Appeal (SJ) has been filed on behalf of the
appellants by challenging the judgment of conviction and sentence
dated 17.06.2025 passed by learned Sessions Judge, Garhwa in
Session Trial No.62 of 2020 arising out of Garhwa P.S. Case
No.191/2019 corresponding to G.R.-845/2019, by which the
appellants have been convicted for the offences under Sections
341/34, 325/34 and 427/34 of IPC and sentenced to undergo R.I.
for four (04) years and to pay the fine of Rs.5,000/- each for the
offence under Section 325/34 of IPC and sentenced to undergo R.I.
for six (06) months each for the offence under Section 427/34 of
IPC.
However, all the sentences have been directed to run
concurrently.
2. I.A. No.9901 of 2025 has been filed on behalf of the
appellants for suspension of sentence and grant of bail.
3. Heard learned counsel for the appellants and learned APP
for the State.
4. Learned counsel for the appellants has submitted that the
impugned judgment and sentence passed by the learned Court
below is illegal and not sustainable in eye of law. It is submitted
that the appellants are innocent and had committed no offence. It is
submitted that there was a land dispute between the parties and
there is a case and counter case also. It is submitted that the
appellant has also instituted a counter case Garhwa P.S. Case
No.198/2019 against the Informant which finds place at para-10 of
the judgment. It is submitted that one head injury sustained by the
injured-Informant namely Jahangir Ansari i.e. PW-4 and which is
found simple in nature and one grievous injury was found on right
palm. It is submitted that the injury of two other injured i.e. PW-5
namely Raisun Khatoon and PW-6 Aisun Khatoon, who are the
wife and daughter of the injured-Informant, were found to be
simple in nature. It is submitted that the appellant no.1 remained in
custody during trial from 22.07.2019 to 25.09.2019 i.e. for around
two months and the appellant no.2 remained in custody during trial
from 06.06.2019 to 25.06.2019 i.e. around nineteen (19) days and
thereafter the conviction they are in custody since 17.06.2025 and
hence they may be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer of
bail of the appellant. It is submitted that there is a direct allegation
against the appellants for assaulting the Informant and his wife and
daughter. It is submitted that the PW-4 namely Jahangir Ansari
who is the Informant, had sustained injury on his head and right
palm, and he has supported and corroborated the prosecution case.
It is submitted that the PW-5 namely Raisun Khatoon and PW-6
namely Aisun Khatoon have also fully supported the prospection
case. It is further submitted that the PW-7 is the Dr. Arun Kumar,
who has found injury on the injured persons and PW-8 is the I.O.
namely Abhimanyu Kr. Singh who have also supported the
prosecution case and hence the prayer of bail of the appellants may
be rejected.
6. Having heard learned counsel for both the sides and from
perusal of the records of this case, it appears that an altercation
took place between the appellant side and the Informant side due to
land dispute.
7. It appears from the impugned judgment that there is a case
and counter case between the parties.
8. It appears that the Informant had lodged a case Garhwa
P.S. Case No.191/2019 whereas the appellant has also instituted a
counter case Garhwa P.S. Case No.198/2019 against the Informant,
though the said FIR has not been marked as Exhibit as defence
document.
9. It appears that the PW-4 namely Jahangir Ansari who is
the Informant, had sustained injury on his head and right palm.
However, the injury on his head was found to be simple in nature
but the injury on right palm is grievous in nature.
10. It further appears that both the sides are known to each
other.
11. It appears that the appellants are in custody since
17.06.2025.
12. Considering the facts and circumstances of this case and
also considering the custody of the appellants, the appellants
namely Aarif Ansari and Nasir Ansari are directed to be released on
bail, on furnishing bail bonds of Rs.15,000/- with two sureties of
the like amount each, to the satisfaction Sri Nalin Kumar, learned
Sessions Judge, Garhwa or/his Successor Court in connection with
Session Trial No.62 of 2020 arising out of Gahwa P.S. Case
No.191/2019 corresponding to G.R.-845/2019 subject to the
condition that one of the bailers must be the own relative of the
appellants and also subject to the condition that the appellant shall
pay Rs.50,000/- each at the time of furnishing the bail bonds as
compensation to the Injured persons before the learned Court
below.
13. The learned Trial Court is directed to disburse the said
Rs.50,000/- to the Injured persons through the PLV, Garhwa or
DLSA Garhwa.
14. Thus, I.A. No.9901 of 2025 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Dated 19.11.2025
Nishant/-
