Nirmal Rajak And Ors vs State Of Jharkhand

Heard Mr. Afaque Rashidi, counsel appearing on behalf of the appellants.

This criminal appeal is directed to set aside the judgment/conviction and sentence dated 17.09.2019 passed in S.T. Case No. 189/2013 CNR

JHHB01- 000404-2013 in the court of learned Additional Session Judge-IV, Hazaribag for charge of offences under section 341/34,323/34, 504/34,

307/34 of IPC and the learned trial court has convicted under sections 341, 323 and 504 read with Section 34 of IPC and held that no ingredient for

constituting charge under Section 307 read with Section 34 of IPC is made out and the accused person has not held guilty and acquitted from charge

under Section 307/34 IPC. Further, the learned trial Court has convicted the appellants and sentenced them to undergo 1 month S.I. u/s 341/34 of IPC,

1 year R.I. and fine of Rs. 5,000/- each u/s 323/34 of I.P.C. and in default of payment of fine it has been directed that they shall further undergo 1

month R.I. The appellants have been further sentenced to undergo 2 years R.I. and fine of Rs. 5,000/- each u/s 504/34 of IPC and in default of

payment of fine it has been directed that the appellants shall undergo R.I. for a further period of 2 months.

I.A. No. 11246 of 2019

Learned counsel for the appellants submits that there is case and counter-case between the parties and there is also land dispute involved in the

present case. He submits that the appellants have been wrongly convicted by the learned court below.

Counsel for the appellants further submits that the learned court below had granted provisional bail to the appellants, which expired on 17.10.2019.

Subsequently, as the provisional bail could not be confirmed, the appellants have surrendered before the learned court below and have filed their

surrender certificate along with I.A. No. 11246 of 2019, which has been filed for suspension of sentence and to release the appellants on bail in

connection with the judgment and conviction dated 17.09.2019 passed in S.T. Case No. 189/2013 CNR JHHB01- 000404-2013 in the court of learned

Additional Session Judge-IV, Hazaribag.

Learned counsel for the appellants submits that considering the facts and circumstances of this case, the sentence of the appellants be suspended

and the appellants be released on bail.

Counsel for the informant, while opposing the prayer, submits that the appellants have been disturbing the informant and some strict condition may

be imposed. He further submits that if required, the informant may also approach the police seeking police protection.

Counsel for the opposite party- State submits that if any such situation is reported, the police will ensure police protection to the informant of the

case.

After hearing the counsel for the parties and considering the facts and circumstances of this case, this Court finds that there was case and counter-

case between the parties and there is also land dispute. This Court further finds that the appellants were granted provisional bail by the learned court

below, which expired and the appellants have filed surrender certificate. In the aforesaid view of the matter, this Court is inclined to suspend the

sentence of the appellants and the appellants are directed to be enlarged 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 Session Judge-IV, Hazaribag in connection with S.T. Case

No. 189/2013 CNR JHHB01-000404-2013, on the following conditions:

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

(ii) The appellants would deposit the fine amount before the learned court below.

(iii) 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,

which they shall not change during the pendency of this appeal without prior permission of the Court.

It is further observed that if the informant is under any apprehension, he may approach the police seeking police protection. The parties are directed

to maintain peace during the pendency of this case.

I.A. No. 11246 of 2019 is hereby allowed.

Cr. Appeal (S.J.) No. 1048 of 2019

Admit.

Call for the Lower Court’s Records of S.T. Case No. 189/2013 from the court of learned Additional Session Judge-IV, 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’.