[Cites 1, Cited by 0]
Jharkhand High Court
Abu Sheikh @ Abul Khair vs The State Of Jharkhand on 1 April, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.113 of 2026
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Abu Sheikh @ Abul Khair, aged about - 36 years Son of Majafar
Sheikh, Resident of Village- Kusmanagar, P.O. Pakur, P.S. Pakur
(M), District- Pakur .... .... .... Appellant
Versus
1. The State of Jharkhand
2. Anguri Bibi, W/o- Sarfuddin Shekh, Kusmanagar, P.O-
Rahaspur, Thana- Pakud (Muffashil), District- Pakud
.... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellant : Mr. Gautam Kumar, Advocate
For the State : Mr. Sanat Kr. Jha, Addl. P. P.
For the Resp. No.2 : Mr. Ranjan Kr. Singh, Advocate
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Order No:-03 Dated:-01-04-2026
Heard the parties.
Learned counsel for the appellant submits that this interlocutory
application has been filed with the prayer to suspend sentence imposed
upon the appellant by the judgment of conviction dated and order of
sentence dated 19.01.2026 passed by the learned Sessions Judge, Pakur in
connection with S.T. No.27 of 2021 arising out of Pakur (M) P.S. Case
No.40 of 2020 and to enlarge the appellant, named above, on bail. Learned
counsel for the appellant submits that the appellant has been sentenced as
under:-
Offence u/s Sentence Fine Default
147 of I.P.C R.I. for one year Rs.2,000/- R.I. for two
months
148 of I.P.C R.I. for two years Rs.5,000/- R.I. for three
months
323/149 of I.P.C. R.I. for six months Rs.1,000/- R.I. for one
month
324/149 of I.P.C. R.I. for two years Rs.5,000/- R.I. for three
months
341/149 of I.P.C. S.I. for one month ....... .......
337/149 of I.P.C. R.I. for six months ........ .......
338/149 of I.P.C. R.I. for two years Rs.5,000/- R.I. for three
months
307/149 of I.P.C. R.I. for seven years Rs.10,000/- R.I. for six
months
504/149 of I.P.C. R.I. for one year Rs.2,000/- R.I. for two
months
Learned counsel for the appellant submits that it has also been
ordered that all the sentences shall run concurrently. It is next submitted
that during the pendency of the trial, the appellant was in custody from
05.07.2020 to 23.11.2020 and on the date of judgment, the appellant was on
bail but after his conviction, he has been taken into custody on 19.01.2026
and since then, the appellant has been in custody. It is further submitted
that the appellant has very good grounds to agitate in this appeal and
there is no chance of this appeal being disposed of in near future. It is
further submitted that unless the sentence of the appellant is suspended,
he will be highly prejudiced. It is also submitted that the appellant
undertakes to co-operate with the hearing of this appeal. Hence, it is
submitted that the sentence of the appellant be suspended.
Learned Addl. P. P. appearing for the State opposes the prayer for
bail of the appellant.
Considering the facts of the case, it is ordered that the sentence of
the appellant, named above, as imposed upon him vide the impugned
judgment of conviction and order of sentence dated 19.01.2026 shall
remain suspended till disposal of this appeal on the appellant furnishing
bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties
of the like amount each to the satisfaction of learned Sessions Judge,
Pakur in connection with S.T. No.27 of 2021 arising out of Pakur (M) P.S.
Case No.40 of 2020 with the condition that he will co-operate with the
hearing of this appeal.
Accordingly, this Interlocutory Application is allowed.
(Anil Kumar Choudhary, J.)
List this appeal under the heading 'Hearing' before the appropriate
Bench.
(Anil Kumar Choudhary, J.)
Dated- 01.04.2026-Animesh/
