Gyan Singh vs The State Of Jharkhand
2021 Latest Caselaw 215 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr.M.P. No.2404 of 2020
        Gyan Singh                         ...   ...   Petitioner
                             Versus
        1.     The State of Jharkhand
        2.     Smt. Sapna Devi             ...   ...Opposite parties.
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Lalan Kr. Singh For the State : Mr. Sanjay Kr. Singh, Adv.

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04/15.01.2021 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 28.02.2020, passed in Cr. Revision No.1235 of 2014

with Cr. Revision No.669 of 2013; whereby this Court

dismissed Cr. Revision No.669 of 2013. In Cr. Revision

No.1235 of 2014 the 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.20,000/- as compensation

to the O.P.No.2-wife within a period of two months from the

date of order.

3. Learned counsel for the petitioner submits that

the said compensation amount could not be tendered to the

O.P.No.2-wife due to lockdown and subsequent economic

problem. In this view of the matter learned counsel for the

petitioner prays that the original order dated 28.02.2020

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-wife within a further period

of Eight Weeks from today.

4. Learned APP submits that the petitioner shall be

directed to pay some more amount as interest because one

year has lapsed and the required amount has not been

paid to the O.P.No.2.

5. In view of the aforesaid facts and circumstances

of the case and arguments adduced by the parties, the

order dated 28.02.2020 is hereby modified to the extent

that the petitioner is directed to pay the amount of

Rs.22,000/- in total (20,000/- + 2000/- as interest) within

a 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 28.02.2020, passed in Cr. Revision No.1235 of 2014

with Cr. Revision No.669 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/-