Ramvilas Tiwary @ Ram Bilas Tiwary vs The State Of Jharkhand
2021 Latest Caselaw 2954 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Criminal Revision No. 89 of 2021
                                              ....

Ramvilas Tiwary @ Ram Bilas Tiwary .... Petitioner Versus

1. The State of Jharkhand

2. Hemanti Devi .... Opposite Parties

....

                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Ms. Shamma Parveen, Adv.
                For the State                    : Ms. Mohua Palit, APP.
                                                 ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

04/17.08.2021 I.A. No.3550 of 2021 Heard learned counsel for the petitioner and the State. In spite of valid service of notice, nobody appears on behalf of the opposite party no. 2.

The interlocutory application has been filed on behalf of the petitioner for suspension of sentence, during pendency of the instant revision petition. The petitioner has been convicted and sentenced for R. I. for one and half years and fine of Rs. 1000/- for the offence under Section 498 (A) of the Indian Penal Code and in default of payment of fine further to undergo S.I. for three months by the Judicial Magistrate, 1st Class, Giridih in complaint Case No. 668 of 2003 (T. R. No. 571 of 2013), which has been affirmed by the Additional Sessions Judge-I, Giridih in Criminal Appeal No. 32 of 2013 vide judgment dated 27.02.2020.

It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.01.2021 and the similarly situated co-accused has been granted bail vide order dated 24.06.2021 passed in Cr. Rev. No.933 of 2020. On above facts, prayer for bail has been made.

Learned A.P.P. has opposed the prayer.

Considering the material available on records and the period of custody, during pendency of this criminal revision application, I am inclined to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Giridih in complaint Case No. 668 of 2003 (T. R. No. 571 of 2013) on the conditions that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during the pendency of this case without prior permission of the court.

I.A. No. 3550 of 2021 stand disposed off.

Criminal Revision No. 89 of 2021 Admit.

Issue notice upon the opposite party no. 2 by registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks.

Put up this case alongwith Cr. Rev. No.933 of 2020.

(Rajesh Kumar, J.) Shahid/