Jharkhand High Court
Mofil Khan And Anr vs The State Of Jharkhand on 19 November, 2016
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1451 of 2016
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1. Mofil Khan, son of late Nabiru Khan
2. Javed Khan, son of Mofil Khan, both resident of village Tilliyatand,
Chakla, P.O. & P.S. Chandwa, District Latehar (Jharkhand)
... ... Petitioners
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioners : Mr. A. K. Kashyap, Sr. Advocate
For the Opp. Party : Mrs. Niki Sinha, A.P.P.
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03/19.11.2016Heard Mr. A. K. Kashyap, learned senior counsel appearing for the petitioners and Mrs. Niki Sinha, learned A.P.P. Learned senior counsel appearing for the petitioners has submitted that neither the learned trial court nor the learned appellate court has properly appreciated the material available on records. It has been submitted that the petitioners were sentenced for the offence punishable under Section 3(b) of the R.P. (U.P.) Act. He further adds that the petitioners are in custody since 17.11.2016 and the allegations have not been substantially proved by the prosecution so as to sustain the conviction and order of sentence.
Call for the lower court records from the concerned court. List this case under the heading "For Admission" after six months.
During the pendency of this application, the above named petitioners, are directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Daltonganj, in connection with R. P. Case No. 36 of 2004, Tr. No. 296 of 2013 arising out of RPF/Post/Patratu Case No. 25 of 2004.
(Rongon Mukhopadhyay, J.) Umesh/-