Jamal Mian and ors. Vs. State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/1007585
CourtJharkhand High Court
Decided OnAug-13-2013
AppellantJamal Mian and ors.
RespondentState of Jharkhand
Excerpt:
in the high court of jharkhand at ranchi cr. a. (db) no.1543 o”1. jamal mian 2. md. ibney mian 3. sakil mian @ md. sakil 4. fateh mian 5. mazhar hussain @ md. majhar husain @ konuappellants. -versus- the state of jharkhand. .... respondent. ------ coram : honble mr. justice narendra nath tiwari honble mr. justice p. p. bhatt ------ for the appellants: mr. a.k. chaturvedi, advocate. for the state : a.p.p. ------ i.a. no.5452 of 2013:12. /13.8.2013: in this interlocutory application, the appellant no.3-sakil mian @ md. sakil, has prayed for his release on bail during pendency of the appeal. learned counsel for the appellant submitted that though his same prayer was earlier rejected, he has remained in custody for about seven years; co- convict taufique mian @ taufique alam @ md. taufique alam, with similar material and finding on record, has been granted bail by this court vide order dated 29.7.2013 in cr. appeal (db) no. 1340 of 2006 (ia no. 2923 of 2013); there is absolutely no difference between the allegation and the findings against the appellants and co-convict taufique mian. since taufique mian has been granted bail by this court, the appellant also deserves to be released on bail. learned a.p.p. opposed the appellant's prayer for bail and submitted that earlier same prayer of the appellant was rejected by this court. however, he has not disputed other contentions, including that the material against this appellant is similar to that of taufique mian regard being had to the said facts, the appellant no.3- sakil mian @ md. sakil, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned additional sessions judge, f.t.c. not i, gumla in s.t. no. 89/2004. i.a. no.5452 of 2013 is disposed of. (narendra nath tiwari, j.) (p. p. bhatt, j.) s.b. in the high court of jharkhand at ranchi cr. a. (db) no.1543 of 2006 jamal mian & ors. appellants. -versus- the state of jharkhand. .... respondent. ------ coram : honble mr. justice narendra nath tiwari honble mr. justice p. p. bhatt ------ for the appellants: mr. m. khan, advocate. for the state : a.p.p. ------ i.a. no.5870 of 2013:13. /13.8.2013: in this interlocutory application, the appellant no.2-md. ibney mian and appellant no.4-fateh mian, have prayed for their release on bail during pendency of the appeal. learned counsel for the appellants submitted that though their same prayer was earlier rejected, they have remained in custody for about seven years; co-convict-taufique mian @ taufique alam @ md. taufique alam, with similar material and finding on record, has been granted bail by this court vide order dated 29.7.2013 in cr. appeal (db) no. 1340 of 2006 (ia no. 2923 of 2013); there is absolutely no difference between the allegation and the findings against the said appellants and co-convict taufique mian; since taufique mian has been granted bail by this court, these appellants, namely, md. ibney mian and fateh mian also deserve to be released on bail. learned a.p.p. opposed the appellants' prayer for bail and submitted that earlier same prayer of the appellants was rejected by this court. however, he has not disputed the other contentions, including that the material against these appellants are similar to that of taufique mian. regard being had to the said facts, the appellant no.2-md. ibney mian and the appellant no.4-fateh mian, are directed to be released on bail, during pendency of the appeal, on furnishing bail bond of rs.10,000/- (rupees ten thousand) each with two sureties of the like amount, each, to the satisfaction of learned additional sessions judge, f.t.c. not i, gumla in s.t. no. 89/2004. i.a. no.5870 of 2013 is disposed of. (narendra nath tiwari, j.) (p. p. bhatt, j.) s.b.
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. A. (DB) No.1543 o”

1. Jamal Mian 2. Md. Ibney Mian 3. Sakil Mian @ Md. Sakil 4. Fateh Mian 5. Mazhar Hussain @ Md. Majhar Husain @ KonuAppellants. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ------ For the Appellants: Mr. A.K. Chaturvedi, Advocate. For the State : A.P.P. ------ I.A. No.5452 of 2013:

12. /13.8.2013: In this interlocutory application, the appellant No.3-Sakil Mian @ Md. Sakil, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though his same prayer was earlier rejected, he has remained in custody for about seven years; co- convict Taufique Mian @ Taufique Alam @ Md. Taufique Alam, with similar material and finding on record, has been granted bail by this Court vide order dated 29.7.2013 in Cr. Appeal (DB) No. 1340 of 2006 (IA No. 2923 of 2013); there is absolutely no difference between the allegation and the findings against the appellants and co-convict Taufique Mian. Since Taufique Mian has been granted bail by this Court, the appellant also deserves to be released on bail. Learned A.P.P. opposed the appellant's prayer for bail and submitted that earlier same prayer of the appellant was rejected by this Court. However, he has not disputed other contentions, including that the material against this appellant is similar to that of Taufique Mian Regard being had to the said facts, the appellant No.3- Sakil Mian @ Md. Sakil, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge, F.T.C. not I, Gumla in S.T. No. 89/2004. I.A. No.5452 of 2013 is disposed of. (Narendra Nath Tiwari, J.) (P. P. Bhatt, J.) S.B. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. A. (DB) No.1543 of 2006 Jamal Mian & Ors. Appellants. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ------ For the Appellants: Mr. M. Khan, Advocate. For the State : A.P.P. ------ I.A. No.5870 of 2013:

13. /13.8.2013: In this interlocutory application, the appellant No.2-Md. Ibney Mian and appellant No.4-Fateh Mian, have prayed for their release on bail during pendency of the appeal. Learned counsel for the appellants submitted that though their same prayer was earlier rejected, they have remained in custody for about seven years; co-convict-Taufique Mian @ Taufique Alam @ Md. Taufique Alam, with similar material and finding on record, has been granted bail by this Court vide order dated 29.7.2013 in Cr. Appeal (DB) No. 1340 of 2006 (IA No. 2923 of 2013); there is absolutely no difference between the allegation and the findings against the said appellants and co-convict Taufique Mian; since Taufique Mian has been granted bail by this Court, these appellants, namely, Md. Ibney Mian and Fateh Mian also deserve to be released on bail. Learned A.P.P. opposed the appellants' prayer for bail and submitted that earlier same prayer of the appellants was rejected by this Court. However, he has not disputed the other contentions, including that the material against these appellants are similar to that of Taufique Mian. Regard being had to the said facts, the appellant No.2-Md. Ibney Mian and the appellant No.4-Fateh Mian, are directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge, F.T.C. not I, Gumla in S.T. No. 89/2004. I.A. No.5870 of 2013 is disposed of. (Narendra Nath Tiwari, J.) (P. P. Bhatt, J.) S.B.