Susen Mahto vs The State Of Jharkhand
2021 Latest Caselaw 985 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr.M.P. No.1453 of 2020
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1. Susen Mahto

2. 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 : Mrs. Vandana Bharti, Adv.

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05/26.02.2021 Heard learned counsel for the parties through

V.C.

2. The instant Criminal Miscellaneous Petition has

been preferred by the petitioners for modification of the

judgment and order dated 28.11.2019, passed in Cr.

Revision No.600 of 2014, whereby petitioners were 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 they shall not commit any offence

and shall be of good behavior and shall maintain peace

during the period of two years. It was further ordered that if

there is breach of any condition, they will subject

themselves to undergo sentence as directed by the learned

trial court. The bond aforesaid be filed by the petitioner

within three months from the date of the judgment. Further

condition was that the petitioners shall also pay fine of

Rs.3,000/- each 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 lockdown they could not file the personal bond with

two sureties to the tune of Rs.25,000/- before the court

concerned. In this view of the matter learned counsel for

the petitioners prays that the original order dated

28.11.2019 may be modified to the extent that the

petitioner may be granted liberty to file personal 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 petitioners

are directed 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 petitioners shall be

discharged from the liability of their bail bonds only on the

fulfillment of the aforesaid condition.

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 Petitioners.

(Deepak Roshan, J.)

Fahim/-