Supreme Court – Daily Orders
Md. Rafik @ Rafik Ansari vs The State Of Jharkhand on 15 July, 2025
Bench: Sudhanshu Dhulia, Aravind Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(Arising out of SLP (Crl.) No. 13415 of 2024)
MD. RAFIK @ RAFIK ANSARI APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant, who was the driver of the vehicle, met with an
accident on 14.02.2008 in which the bus which he was driving turned
turtle and resulted in causing the death of one person.
3. Consequently, inter-alia an FIR was registered against him for
the offences punishable under Sections 279, 337, 338 and 304A of
the Indian Penal Code (for short “the IPC”) and the Trial Court at
Pakur vide order dated 21.01.2014 convicted and sentenced him to
six months imprisonment under Sections 279 & 337 of the IPC and two
years RI under Section 338 of the IPC and further two years R.I.
under Section 304A with fine of Rs.5000/- along with default
stipulations.
4. The Sessions Court at Pakur in Appeal, set aside the order
dated 21.01.2014 and remanded back the matter to the Trial Court
against which the appeal of the appellant has been dismissed by the
Signature Not Verified
Digitally signed by
Nirmala Negi
Date: 2025.07.16
High Court on 28.07.2017.
18:12:16 IST
Reason:
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5. Thereafter, the Trial Court vide order dated 23.01.2018
convicted and sentenced the appellant to six months imprisonment
under Sections 279 & 337 of the IPC and two years RI under Section
338 of the IPC and further sentenced to 2 years RI with fine of
Rs.5000/- with a default clause of one month imprisonment under
Section 304A of the IPC.
6. Thereafter, his appeal was partly allowed by the first
Appellate Court on 12.08.2022 and his conviction and sentence was
set aside under Section 338 of the IPC but maintained under
Sections 279, 337 and 304A of the IPC as awarded by the Trial
Court.
7. Against this order, his revision was dismissed by the High
Court. Being aggrieved, he is presently before this Court. He has
already undergone about one year and four months of imprisonment, a
fact, which is admitted by the respondent-State.
8. Having gone through the records and the relevant orders, we
are of the opinion that no interference is required regarding the
conviction but the fact remains that the appellant had no other
criminal antecedents even of the present nature of offence; and he
is a family man and has a family to support which includes his wife
and four children including two minor daughters.
9. Under these mitigating circumstances, we are of the opinion
that the sentence is liable to be reduced to the period already
undergone, as stated above that the appellant has already undergone
about one year and four months of custody.
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10. Consequently, we partly allow the appeal and reduce the
sentence to the sentence already undergone.
11. Let the appellant be released forthwith from jail unless there
is no other offence against him.
12. With these observations, the present appeal is disposed of.
Pending application(s), if any shall stand disposed of.
…………………..J.
[ SUDHANSHU DHULIA ]
…………………..J.
[ ARAVIND KUMAR ]
New Delhi;
JULY 15, 2025.
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ITEM NO.46 COURT NO.8 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 13415/2024
[Arising out of impugned final judgment and order dated 21-06-2024
in CRR No. 1207/2022 passed by the High Court of Jharkhand at
Ranchi]
MD. RAFIK @ RAFIK ANSARI Petitioner(s)
VERSUS
THE STATE OF JHARKHAND Respondent(s)
(IA No. 298717/2024 – EXEMPTION FROM FILING O.T., IA No.
222692/2024 – EXEMPTION FROM FILING O.T.)
Date : 15-07-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE ARAVIND KUMARFor Petitioner(s) Ms. Pragya Choudhary, Adv.
Mr. Anup Kumar, AOR
For Respondent(s) Mr. Kumar Anurag Singh, Standing Counsel, Adv.
Ms. Madhusmita Bora, AOR
Mr. Dipankar Singh, Adv.
Mr. Zarin A.Khan, Adv.
Mr. Dev Aaryan, Adv.
Ms. Preety Ranjan, Adv.
UPON hearing the counsel the Court made the following
O R D E RLeave granted.
The appeal is disposed of in terms of the signed order, which
is placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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