Gulam Rabani vs State Of Jharkhand

This appeal has been filed against the judgment of conviction and sentence dated 18.09.2019 passed in Sessions Trial Case No. 157/2017 by

learned Additional Sessions Judge, VI Hazaribag whereby and whereunder the learned Additional Sessions Judge, VI Hazaribag has convicted the

appellants and directed them to serve punishment of three years under Section- 324 of the Indian Penal Code and also awarded fine of Rs. 10,000/-

and in default of fine, they have been directed to undergo S.I. for eight months and for the offence u/s 323 of the Indian Penal Code, they have been

awarded nine months Rigorous Imprisonment and Rs. 1000/- fine and in default of the payment of fine, they have been directed to undergo Simple

Imprisonment of one month. Further, u/s 448 of the Indian Penal Code, the appellants have been awarded six months Rigorous Imprisonment and fine

of Rs. 600/- and in default of the payment of fine, it has been directed that they would undergo Simple imprisonment of twenty days. Lastly, under

Section 341 of the Indian Penal Code, the convicts have been directed to serve fifteen days Simple Imprisonment and fine of Rs. 200/- has been

awarded and in default of payment of fine, it has been directed that they would undergo three days Simple Imprisonment. It has also been observed by

the learned court below that all the sentences will run concurrently.

I.A.(Cri.) No. 11183 of 2019

This interlocutory application has been filed for suspension of sentence against the judgment of conviction and sentence dated 18.09.2019 passed in

Sessions Trial Case No. 157/2017 by learned Additional Sessions Judge, VI Hazaribag and for grant of bail to the appellants during the pendency this

appeal.

Counsel for the appellants submits that the learned court below had granted provisional bail to the appellants on 18.09.2019, which expired on

18.11.2019 and the same could not be confirmed by this Court. Accordingly, the appellants had no option but to surrender and they have, in fact,

surrendered on 02.12.2019. The certified copy of the order regarding surrender of the appellants before the learned court below and taking them into

custody, has been annexed along with the interlocutory application being I.A.(Cri.) No. 11183 of 2019, which has been filed for suspension of

sentence and granting bail to the appellants in connection with S.T. Case No. 157/2017, during the pendency of this appeal.

Counsel for the appellants further submits that the appellants have been falsely implicated in this case and the learned court below has not

considered the evidences properly. He submits that there is admittedly case and counter-case between the parties.

The learned counsel for the appellants also submits that there are no defects to be removed in the present case. Accordingly, he submits that the

instant appeal be admitted and the Lower Court’s Records may be called for.

Nobody appears on behalf of the opposite party- State to oppose the prayer.

After hearing the counsel for the appellants and considering the facts and circumstances of this case, this I.A. (Cri.) No. 11183 of 2019 is hereby

allowed and the sentence of the appellants is hereby suspended. The appellants are directed to be released on bail on furnishing bail bond of Rs.

25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VI

Hazaribag in connection with Sessions Trial No. 157/2017, on the following conditions:

(i) One of the bailors should be close family member of the appellants.

(ii) The appellants will submit their attested copy of Aadhar card and cell number before the learned court below at the time of furnishing bail bonds.

(iii) The appellants shall also deposit the fine amount before the learned court below.

Cr. Appeal (S.J.) No. 1141 of 2019

Admit.

Call for the Lower Court’s Records of Sessions Trial No. 157/2017 from the court of the learned Additional Sessions Judge, VI Hazaribag.

Put up this case on 04.02.2020 under appropriate heading.

Let a copy of this order be communicated to the learned court below through ‘FAX’.