Citation : 2025 Latest Caselaw 7147 Jhar
Judgement Date : 24 November, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 165 of 2025
....
1. Rizwan Ansari
2. Mustafa Ansari @ Md. Mustafa
3. Sukara Ansari @ Sukra Ansari @ Sakur Ansari
...... Appellants
Versus
1. The State of Jharkhand
2. Jitan Mirdha ..... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. P. K. Chaudhary, Advocate
For the State : Mr. Someshwar Roy, A. P. P.
......
ORAL ORDER IN COURT
I. A. No. 13873 of 2025
04/24.11.2025 Learned counsel for the appellant is permitted to delete the word 'provisional' from the 2nd page of I. A. No. 13873 of 2025 in course of the day.
2. This Criminal Appeal has been filed on behalf of the appellants challenging the impugned judgment of conviction and sentence dated 26.11.2024 passed by Sri Kumar Pawan, learned Special Judge (SC/ST Act), Godda in connection with Mahagama P. S. Case No. 60 of 2019 corresponding to G. R. No. 634 of 2020 [SC/ST Case No. 09 of 2019] by which the appellants have been convicted for the offences under Sections 341/323/504/506/34 of the Indian Penal Code and Section 3 (1)(r) & (1)(s) of the SC/ST Act, 1989 and sentenced to undergo S. I. for a period one (1) month for the offence under Section 341/34 of the Indian Penal Code and sentenced to undergo R.I. for a period of one (1) year each for the offences under Section 323/34, 504/34 and 506/34 of the Indian Penal Code and sentenced to undergo R. I. for a period of two (2) years and to
pay the fine of Rs. 5,000/- each for the offence Section 3 (1)(r) & (1)(s) of the SC/ST Act, 1989.
However, all the sentences have been directed to run concurrently.
3. I. A. No. 13873 of 2025 has been filed on behalf of the appellants under Section 430 (1) of BNSS, 2023 for the suspension of sentence and for grant of bail, during the pendency of this Criminal Appeal.
4. Heard learned counsel for the appellants and learned A.P.P. for the State.
5. It is submitted by the learned counsel for the appellants that the appellants were granted provisional bail vide order dated 26.11.2024 by the learned Court below for a period of thirty (30) days, but they filed this Criminal Appeal after some delay and in the meantime, provisional bail of the appellants had expired and thereafter, the appellants have surrendered on 11.09.2025 before the learned Court below and as such, the appellants may be enlarged on bail.
6. Learned counsel for the State has not raised serious objection.
7. Having heard learned counsels for the parties and considering the facts and circumstances of the case, it transpires that the appellants have been convicted for the bailable offences under Sections 341/323/504/506/34 of the Indian Penal Code and Section 3 (1)(r) & (1)(s) of the SC/ST Act, 1989.
8. It appears that appellants are in custody since 11.09.2025.
9. Considering the facts and the circumstances of the case and also the fact that the appellants are in custody since 11.09.2025, the appellants namely Rizwan Ansari, Mustafa Ansari
@ Md. Mustafa and Sukara Ansari @ Sukra Ansari @ Sakur Ansari are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Kumar Pawan, learned Special Judge (SC/ST Act), Godda/ or his Successor Court in connection with Mahagama P. S. Case No. 60 of 2019 corresponding to G. R. No. 634 of 2020 [SC/ST Case No. 09 of 2019].
10. Thus, I. A. No. 13873 of 2025 is allowed and stands disposed of.
11. Learned counsel for the appellant is directed to implead the Informant in course of the day.
12. Admit.
13. Office is directed to issue notice to the Informant by Speed Post with A/D.
14. Call for the scanned copy of the Lower Court Records.
(Sanjay Prasad, J.) Dated 24.11.2025 Kamlesh/
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