AJAMBAR NAYAK vs THE STATE OF JHARKHAND
- Court
- Jharkhand High Court
( 2026:JHHC:26503 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1342 of 2026
------
Ajamber Nayak, aged about 48 years, son of Bipin Nayak, resident of
village-Rajgown, P.O. + P.S.-Gamharia, District-Seraikella
(Kharsawan).
… Petitioner
Versus
…
The State of Jharkhand Opposite Party
------
For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate
For the State : Mrs. Bandana Sinha, Addl.P.P.
------
P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
I.A. No.11572 of 2026
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory
application has been filed with the prayer for early hearing of the instant
Cr.M.P.
Since, the hearing of instant Cr.M.P. is taken up today, hence, this
interlocutory application stands disposed of being infructuous.
(Anil Kumar Choudhary, J . )
I.A. No.11553 of 2026
Learned counsel for the petitioner submits that this interlocutory
application has been filed with the prayer to amend this Cr.M.P. by
incorporating that the impugned order dated 11.04.2025 has been passed
in Criminal Appeal No.16 of 2025 arising out of Adityapur P.S. Case
No.10 of 2016 corresponding to G.R. Case No.38 of 2016 in para-01 and
prayer portion of this Cr.M.P. It is next submitted that the proposed
1
Cr. M.P. No.1342 of 2026
( 2026:JHHC:26503 )
amendment was necessitated because of the developments which took
place after filing of this criminal miscellaneous petition. It is next
submitted that the proposed amendment will not change the nature and
character of this Cr.M.P. It is lastly submitted that unless the proposed
amendment is allowed, the petitioner will be highly prejudiced.
Considering the aforesaid facts, the prayer for amendment made in
this interlocutory application is allowed and the petitioner is directed to
file a consolidated criminal miscellaneous petition incorporating the
proposed amendment which is allowed by this order today.
Learned counsel for the petitioner files the consolidated criminal
miscellaneous petition.
Keep the same in the record.
This interlocutory application is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Cr.M.P. No.1342 of 2026
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 528 of the BNSS, 2023 with the
prayer to quash and set aside the impugned order dated 11.04.2025
passed in Criminal Appeal No.16 of 2025 arising out of Adityapur P.S.
Case No.10 of 2016 corresponding to G.R. Case No.38 of 2016 whereby
and whereunder the application for suspension of sentence of the
petitioner; who is the appellant of that appeal has been rejected by the
learned Additional Sessions Judge-I, Seraikella (Kharsawan).
3. Learned counsel for the petitioner submits that the petitioner has
been held guilty of the offences punishable under Section 467/34 of the
2
Cr. M.P. No.1342 of 2026
( 2026:JHHC:26503 )
Indian Penal Code and has been sentenced to undergo rigorous
imprisonment for 05 years and fine with default sentence and he has also
been held guilty of the offences punishable under Section 468/34 of the
Indian Penal Code and has been sentenced to rigorous imprisonment for
03 years and fine with default sentence and it was ordered that both the
sentences will run concurrently.
4. Being aggrieved by the judgment of conviction and order of
sentence dated 01.03.2025 passed in Adityapur P.S. Case No.10 of 2016
corresponding to G.R. Case No.38 of 2016, the petitioner filed Criminal
Appeal No.16 of 2025 in the Court of learned Sessions Judge, Seraikella
(Kharsawan) which was transferred to the court of learned Additional
Sessions Judge-I, Seraikella (Kharsawan), the petitioner being the
appellant of the said appeal filed a petition for bail, but the same was
rejected by the learned Additional Sessions Judge-I, Seraikella
(Kharsawan). It is next submitted that the petitioner has undergone
sentence of 04 months 02 days during the pendency of the trial and he has
been taken into custody upon his conviction on 28.02.2025 and since that
date till today, he is all along in custody.
5. Learned counsel for the petitioner then submits that there is no
chance of Criminal Appeal No.16 of 2025 being heard in near future and
the petitioner has very good grounds to agitate in the said appeal as there
is no allegation against the petitioner of forging a document which
purports to be a valuable security or a Will or an Authority to adoption or
which purports to give Authority to any person to make transfer to any
3
Cr. M.P. No.1342 of 2026
( 2026:JHHC:26503 )
valuable security or to receive the principal, interest or dividends thereon
or to receive or deliver any money, movable property or valuable security
or any document purporting to be an acquaintance or receipt
acknowledging the payment of money or any acquaintance or receipt for
delivery of money, movable property or valuable security, hence, it is
submitted that the learned Appellate Court has committed a gross
illegality by not granting bail to the petitioner during the pendency of the
appeal, therefore, the impugned order be quashed and set aside and the
petitioner be admitted to bail.
6. Learned Addl.P.P. appearing for the State on the other hand
vehemently oppose the prayer of the petitioner made in the instant
Cr.M.P.
7. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, it is
apparent that the petitioner has been in custody for much more than one
and a half years and during the trial he has been in custody for 04 months
02 days and he has all along been in custody since 28.02.2025 till today. It
appears that though the appeal is pending before the lower Appellate
Court for over a year, the same has not been heard and disposed of as yet
and there is no likelihood of the said Criminal Appeal No.16 of 2025 of
being heard in near future.
8. Under such circumstances, this Court has no hesitation in holding
that the Appellate Court has committed an illegality in rejecting the
petition for bail of the petitioner during the pendency of the Appeal vide
4
Cr. M.P. No.1342 of 2026
( 2026:JHHC:26503 )
impugned order dated 11.04.2025 passed in Criminal Appeal No.16 of
2025 arising out of Adityapur P.S. Case No.10 of 2016 corresponding to
G.R. Case No.38 of 2016 and the same is liable to be quashed and set
aside.
9. Accordingly, the impugned order dated 11.04.2025 passed in
Criminal Appeal No.16 of 2025 arising out of Adityapur P.S. Case No.10
of 2016 corresponding to G.R. Case No.38 of 2016, is quashed and set
aside.
10. The petitioner is directed to be released on bail till the disposal of
the said Criminal Appeal No.16 of 2025, on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial Magistrate,
Seraikella (Kharsawan) in connection with Adityapur P.S. Case No.10 of
2016 corresponding to G.R. Case No.38 of 2016 with the condition that
the petitioner will cooperate with the hearing of the said Appeal.
11. In the result, this Cr.M.P., is allowed to the aforesaid extent only.
(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi
nd
Dated the 02 of September, 2026
AFR/ Abhiraj
Uploaded on 03/09/2026
5
Cr. M.P. No.1342 of 2026