Bijay Rajak vs The State Of Jharkhand
2021 Latest Caselaw 983 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr.M.P. No.2570 of 2020
        Bijay Rajak                       ...   ...    Petitioner
                             Versus
        1.     The State of Jharkhand
        2.     Rinku Devi @ Nilu Rajak ...      ...Opposite parties.
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. G. Jajodia, Adv. For the State : Mr. Ravi Prakash, Adv.

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04/26.02.2021 Heard learned counsel for the parties through

V.C.

2. The instant application has been preferred by

the petitioner praying for modification of the judgment

dated 11.10.2019, passed in Cr. Revision No.379 of 2013,

whereby conviction was confirmed; however, the sentence

was modified to the extent that the petitioner was

sentenced to undergo for the period already undergone

subject to payment of fine of Rs.10,000/- as compensation

to the O.P.No.2 within a period of three months from the

date of order.

3. Learned counsel for the petitioner submits that

the said compensation amount could not be tendered

before the court concerned, which shall be paid to the

O.P.No.2, as the petitioner was not having knowledge about

the order passed by this Court and he knew after the expiry

of the stipulated period. In this view of the matter learned

counsel for the petitioner prays that the original order

dated 11.10.2019 may be modified to the extent that the

petitioner may be granted liberty to pay the aforesaid

amount of compensation to the O.P. No.2 within a further

period of Eight Weeks from today.

4. Learned APP does not have any serious

objection.

5. In view of the aforesaid facts and circumstances

of the case and arguments adduced by the parties, the

order dated 11.10.2019, passed in Cr. Revision No.379 of

2013 is, hereby, modified to the extent that the petitioner is

directed to pay the fine amount of Rs.10,000/- as

compensation 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 condition.

7. With the aforesaid modification in the order

dated 11.10.2019, passed in Cr. Revision No.379 of 2013,

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".

(Deepak Roshan, J.)

Fahim/-