Lokesh Mahto @ Lokesh Ranjan Mahto vs The State Of Jharkhand
2021 Latest Caselaw 982 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr.M.P. No.2773 of 2020
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Lokesh Mahto @ Lokesh Ranjan Mahto... ... Petitioner Versus The State of Jharkhand ... ...Opposite party

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Vijay Shankar Jha, Adv.

        For the State         : Mr. Arup Kr. Dey, Adv.
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04/26.02.2021      Heard learned counsel for the parties through

        V.C.

2. The instant Criminal Miscellaneous Petition has

been preferred by the petitioner for modification of the

judgment and order dated 28.11.2019, passed in Cr.

Revision No.600 of 2014, whereby petitioner was directed

to be released under Section 4 of the Probation of Offenders

Act with condition that the petitioner shall file two sureties

to the tune of Rs.25,000/- each coupled with personal

bond to the effect that the petitioner shall not commit any

offence and shall be of good behavior and shall maintain

peace during the period of two years. If there is breach of

any condition, he will subject himself to undergo sentence

as directed by the learned trial court.

It was further ordered that the bond aforesaid be

filed by the petitioner within three months from the date of

the judgment. Further condition was that the petitioner

shall also pay fine of Rs.3,000/- before the Secretary,

DLSA, Saraikella within a period of three months from the

date of the judgment or the petitioner shall serve SI for 3

months for non-compliance of the order of fine.

3. Learned counsel for the petitioner submits that

due to personal economic difficulties of the petitioner and

also due to complete lock down declared due to COVID 19;

he could not deposit of Rs.3000/- as fine amount before

the Secretary, DLSA, Saraikella and he also could not file

the personal bond with two sureties to the tune of

Rs.25,000/- before the trial court. In this view of the matter

learned counsel for the petitioner prays for modification of

the original order dated 28.11.2019 to the extent that the

petitioner may be granted liberty to pay the aforesaid fine

amount and also to file personal bail bond with two

sureties to the tune of Rs.25000/- each within a further

period of Eight Weeks from today.

4. Learned APP does not raise any serious

objection.

5. In view of the aforesaid facts and circumstances

of the case and arguments adduced by the parties, the

order dated 28.11.2019 passed in Cr. Revision No.600 of

2014 is hereby modified to the extent that the petitioner is

directed to pay the fine amount of Rs.3,000/- before the

Secretary, DLSA, Saraikella and to file personal bond with

two sureties to the tune of Rs.25000/- each before the

court concerned within a further period of Eight Weeks

from today.

6. It is made clear that the petitioner shall be

discharged from the liability of his bail bonds only on the

fulfillment of the aforesaid conditions.

7. With the aforesaid modification in the order

dated 28.11.2019, passed in Cr. Revision No.600 of 2014,

the instant Cr.M.P. stands allowed and disposed of.

8. Let a copy of this order be sent to the court

concerned through "FAX" at the cost of the Petitioner.

(Deepak Roshan, J.)

Fahim/-