2026:JHHC:11415 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No.02 of 2022 --------- [Against the Judgment of conviction and Order of sentence dated 20.12.2021, passed by the learned District & Additional Sessions Judge – III, Koderma, in Sessions Trial No.03 of 2016, arising out of Satgawan P.S. Case No.85 of 2013] --------- 1. Md. Raza Ashrafi, aged about 44 years, Son of Salim Ashrafi, 2. Md. Afzal, aged about 34 years, Son of Md. Akbar Miyan, Both Resident of Village – Baijaniya, P.O – Madhopur, P.S. - Satgawan, District - Koderma. ….. Appellants Versus The State of Jharkhand ..... Respondent --------- PRESENT HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Appellants : Mr. Sachin Mahato, Advocate For the State : Mr. Bishwambhar Shastri, A.P.P --------- Order No.06/ Dated: 20 th April, 2026 1. Heard Mr. Sachin Mahato, learned counsel for the appellants and Mr. Bishwambhar Shastri, learned A.P.P. 2. The present criminal appeal has been preferred against the judgment of conviction and order of sentence dated 20.12.2021 passed in Sessions Trial No. 03 of 2016 arising out of Satgawan P.S. Case No. 85 of 2013 by the learned District & Additional Sessions Judge-III, Koderma, whereby the appellants have been convicted for the offence punishable under Section 411 of the I.P.C and have been sentenced to undergo R.I. for a period of two years with a fine of Rs.1000/- and in default thereof, they further directed to serve S.I. for a period of six months. 3. The sentencing part of the judgment passed in aforesaid appeal is reproduced below: - 1 - Cr. Appeal (SJ) No.02 of 2022 2026:JHHC:11415 “Heard on the point of sentence:- Both the parties appeared for hearing on the point of sentence to the convicted accused persons. Ld. Advocate appearing for the convicted accused persons has submitted that the convicts are first offenders and there is no criminal history against them. They will not repeat such type of offence in future and there is no any earning member in their family to look after the family. Ld. Advocate has made prayer to take a lenient view while awarding sentence to the convicted accused persons in the interest of justice. Ld. PP for the state has submitted in his argument that the convicts have committed the aforesaid offence intentionally after knowing everything with dishonest intention for thei personal benefit and one of the accused namely Amar Chaudhary is a habitual offender dealing in stolen motorcycle for getting more and more money for himself. Therefore the convicts deserve substantive punishment for the offence committed by them. Heard the submission of both the parties and perused the case record. It appears that the convict Amar Chaudhary has been found guilty for the offence punishable u/s 413 IPC and u/s 414 IPC. It further appears on the case record against accused Amar Chaudhary that he is a habitual offender, habitually dealing in stolen motorcycles in the locality without any document and this is very serious offence and hence he deserves substantive punishment. Hence the convicted accused Amar Chaudhary is hereby ordered and sentenced to undergo to serve sentence u/s 413 IPC, RI for a period of seven (7) years with fine Rs.5,000/- (Five thousand), failing deposit of fine, he shall have to serve SI for one (1) year in addition to the substantive punishment. He is further sentenced to undergo to serve sentence u/s 414 IPC, RI for a period of two (2) years with fine Rs. 1000/-, failing deposit of fine he shall have to serve SI for six (6) months in addition to the substantive punishment. Both sentences shall be run concurrently against accused Amar Chaudhary. Further the convicted accused namely Md. Afzal and Md. Raza Ashrafi have been found guilty u/s 411 IPC and they deserve substantive punishment. Hence they are hereby ordered and sentenced to undergo to serve sentence u/s 411 IPC, RI for a period of two (2) years with fine Rs. 1,000/- (One thousand) each, failing deposit of fine they shall have to serve SI for a period of six (6) months each in addition to the substantive punishment. Issue conviction warrant against the convicts to serve sentence accordingly.” 4. Learned counsel for the appellants has confined his prayer to the extent that in spite of the fact that it is their first offence and further there is no criminal history, still the - 2 - Cr. Appeal (SJ) No.02 of 2022 2026:JHHC:11415 benefit of Section 3 of the Probation of Offenders Act has not been granted rather they have been convicted under Section 411 of the I.P.C. 5. Referring to the above Section 3, it has been submitted that punishment is either they may be sentenced or acquitted after imposing a fine only. 6. Thus, as per the intend of Section 3 of the Probation of the Offenders Act, they should have been dealt with accordingly. 7. Learned counsel for the State has supported the judgment of conviction but could not oppose the above proposition of law. 8. In view of the above limited submission and considering the fact that this is the first offence of the appellants and no previous conviction under Section 411 IPC, the sentencing part is modified by giving benefit of Section 3 of the Probation of Offenders Act with a warning that they will not repeat such a crime in future. 9. With the above modification of sentence and giving benefit of Section 3 of the Probation of Offenders Act, the present appeal stands disposed of. 10. Since the appellants are on bail, they are discharged from the liability of their bail bond 11. Let the Trial Court Records be sent back to the Court concerned forthwith, along with the copy of this Judgment. (Rajesh Kumar, J.) Jharkhand High Court, Ranchi Dated, the 20th April, 2026 Chandan/- NAFR Uploaded on 22.04.2026 - 3 - Cr. Appeal (SJ) No.02 of 2022