Jharkhand High Court
Shambhu Mahto vs The State Of Jharkhand on 6 July, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.2776 of 2021
In
Cr. Revision No.215 of 2021
Shambhu Mahto
@ Somra Mahto ...... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Gaurav, Advocate
For the State : Mr. V. N. Jha, A.P.P
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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04/Dated: 06th July, 2021
I.A. No.2776 of 2021
1. This interlocutory application has been filed under
Sections 397 and 401 of the Cr.P.C for suspension of sentence
and grant of bail to the petitioner, during the pendency of the
revision application.
2. The present revision application has been filed against
the judgment dated 19.01.2021, passed by the court of
learned Sessions Judge, Simdega, in Criminal Appeal No.23 of
2020, affirming the judgment dated 21.01.2019 passed by the
court of learned Chief Judicial Magistrate, Simdega in G.R.
No.446 of 2017, corresponding to T.R. No.194 of 2019,
whereby the petitioner was found guilty for the offence under
Sections 392 and 411 read with Section 34 of the Indian
Penal Code and sentenced to undergo rigorous imprisonment
of five years and to pay a fine of Rs.5,000/- (Five thousand), in
default thereof, to suffer R.I of six months for the offence
under Section 392/34 of the I.P.C.
3. It has been submitted by the learned counsel for the
petitioner that the co-accused namely Raghunandan Mahto @
Raghu Mahto, has been granted bail by the Co-ordinate
Bench of this Court vide order dated 04.03.2021, passed in
Cr. Revision No.618 of 2020. It has further been submitted
that the petitioner is in custody since 14.02.2018 and he has
completed half of the sentence of the awarded sentence of
five years. On the above facts, prayer for suspension of
sentence and grant of bail has been made.
4. Learned A.P.P is present.
5. Considering the fact that the co-accused has already
been granted bail and the period of custody of the petitioner, I
am inclined to suspend the sentence and enlarge the
petitioner on bail, during the pendency of the revision
application, on his furnishing bail bond of Rs.10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Simdega, in
connection with G.R. No.446 of 2017, corresponding to T.R.
No.194 of 2019, subject to the condition that the petitioner
shall deposit the fine amount of Rs.5,000/- (Five thousand) in
the court below, as imposed by the court below.
6. I.A. No.2776 of 2021 stands disposed off.
Cr. Revision No.215 of 2021
1. Admit.
2. Call for the scanned copy of the lower court records
from the court concerned.
3. Office to list the instant revision along with Cr. Revision
No.618 of 2020, under the heading 'For Hearing', in
seriatim.
(Rajesh Kumar, J.)
Chandan/-
