Jharkhand High Court
Farooque Ansari Alias Farooque Mian ... vs The State Of Jharkhand on 2 May, 2017
Author: Pradip Kumar Mohanty
Bench: Chief Justice, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 2153 of 2016
in
Cr. Appeal (DB) No. 323 of 2016
Farooque Ansari @ Farooque Mian @ Faruk Ansari @ Faruk Mian,
son of late Khalil Mian, resident of village Dighari, P.O. & P.S.
Narayanpur, District-Jamtara ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ANANDA SEN
For the Appellant : Mr. Kaushik Sarkhel, Advocate
For the State : A.P.P
08/Dated: 2nd May, 2017
I.A. No. 2153 of 2016 The instant I.A. No. 2153 of 2016 has been filed praying therein to release the appellant on bail during the pendency of the appeal after suspending the sentence.
Heard Mr. Kaushik Sarkhel, learned counsel for the appellant and learned Addl. P.P. for the State.
Learned counsel for the appellant submits that the appellant was on bail during the trial and never misused the liberty granted to him by the court. He submits that in the previous cases prior to this case the appellant was acquitted and there is no case pending except this case therefore, he may be released on bail.
Learned Addl. P.P. vehemently opposes the prayer for bail and she admits that the appellant was all along on bail during trial and never misused the liberty granted to him therefore, it is not a fit case for grant of bail to the appellant.
Perused the lower court records.
Considering the evidence of P.W.6 and the fact that the appellant was on bail during trial and never misused the liberty granted to him, we direct the trial court (learned Additional Sessions Judge-Ist, Jamtara) to admit the appellant, namely, Farooque Ansari @ Farooque Mian @ Faruk Ansari @ Faruk Mian, on bail after suspending the sentence imposed against him, on such terms and conditions, as he may deem fit and proper, in connection with Sessions Trial No. 08 of 2012, subject to the condition that the appellant shall appear and mark his attendance before the Narayanpur police station on the alternative day between 4 PM to 6 PM. In the event he will not appear in two weeks consecutively, it is open to the police to arrest and produced him before the Trial Court.
I.A. No. 2153 of 2016 stands disposed of.
(Pradip Kumar Mohanty, C.J.) (Ananda Sen, J.) Amar