QUADIR KHAN @ KADIR KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In terms of order dated 10.10.2017, report from the Principal Probatiion Officer, Dhanbad has been received which reveals that out of nine appellants, appellant no.5. Belal Khan, appellant no.6. Shamshad Khan, appellant no.7 Naushad Khand and appellant no. 8. Irshad Khan have previous conviction. In para 3 it has been stated that Belal Khan and his four brothers namely Irshad Khan, Shamshad Khan, Naushad Khan and Afjal Khan there are different opinion .

(2.) The present interlocutory application has been filed on behalf of the appellants namely, Belal Khan , Shamshad Khan, Irshad Khan, Naushad Khan, Tasnif Khan @ Mithu @ Tansif @ Mitthu Khan for grant of bail during pendency of the appeal. Counsel for the appellants does not want to press this interlocutory application. Accordingly, this interlocutory application is dismissed as not pressed at this stage.

(3.) The present interlocutory application has been filed on behalf of the appellant namely, Quadir Khan @ Kadir Khan, Sunny Khan, Pappu Khan and Afzal Khan for grant of bail after suspending the sentence during the pendency of the appeal, and the appellants have faced trial in Sessions Trial No. 342 of 2011 and by judgment of conviction dated 30.08.2017 and order of sentence dated 01.09.2017, Sri Sanjay Kumar No. 1, learned Additional Sessions Judge VIII, Dhanbad have convicted the appellants for the offence under sections 307, read with section 149,, 324/149/, 323/149, 341/149, 148, 448, 452 and 385/149 of the Indian Penal Code further appellant Belal Khan was also convicted for offence punishable under section 379 of I.P.C and sentenced to undergo R.I for 5 years together with fine of Rs. 5,000/- each for the offence under section 307/149 of the I.P.C. The appellants were further sent4enced to undergo S.I for 2 years together with a fine of Rs. 1,000/- each for offence under sections 324/149 of the I.P.C, they were further sentenced S.I for 15 days for offence punishable under sections 341 of the Indian Penal Code. They were further sentenced to undergo S.I for 2 years together with a fine of rs. 500/- each for offence under sections 148 of the II.P.C, they were further sentenced to undergo S.I for 3 years together with a fine of RS. 1,000/- each for offence under section 452 of the I.P.C and they were also sentenced to undergo S.I for one year together with a fine of Rs. 1,000/- each for offence under sections 385,/149 of the I.P.C The appellant Belal Khan was also sentenced to undergo S.I for one year together with a fine of Rs. 5,000/- for offence under sections 379 of the I.P.C and all the sentences were directed to run concurrently. Further, in default of payment of ine all the appellants have to undergo further S.I for six months.