Satya Narayan Mahato vs The State Of Jharkhand
2021 Latest Caselaw 2366 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Criminal Revision No. 1057 of 2019
                                            ....

                Satya Narayan Mahato                                ....    Petitioner
                                            Versus
                1. The State of Jharkhand
                2. Smt. Ambika Mahato                               .... Opposite Parties
                                            ....
                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner             : Mr. Bibhash Sinha, Adv.
                For the State                  : Mr. Priya Shrestha, A.P.P.
                For the O.P. No.2              : Mr. A.K.chaturvedy, Adv.
                                               ....

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.

....

09/15.07.2021 I.A. No.3083 of 2021 The instant application has been filed on behalf of the petitioner for suspension of sentence and prayer for bail, during pendency of the instant revision petition.

The petitioner has been convicted for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act vide judgment dated 01.02.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No. 400/2011 corresponding to T.R. No.14 of 2018 and sentenced to undergo S.I. for two years with a fine of Rs.1,000/- for the offence under Section 498A of the IPC and in default of payment of fine, further undergo S.I. for one month and the petitioner further sentenced to undergo S.I. for two years with a fine of Rs.1000/- for the offence under Section 4 of the Dowry Prohibition Act and in default of payment of fine, further S.I. for one month which has affirmed by the court of Addl. Sessions Judge-XIII, Jamshedpur vide judgment dated 02.07.2019 in Criminal Appeal No.30 of 2018.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 04.02.2020. It has been further submitted that the maximum punishment awarded is two years and out of two years the petitioner has remained in custody for about one year and five months. On that ground, prayer for bail has been made.

Learned A.P.P. has opposed the prayer.

Considering the nature of allegation, I am inclined to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No.400/2011 corresponding to T.R. No.14 of 2018 subject to the condition that the petitioner will deposit fine amount i.e. Rs.2,000/- (Two Thousand) as ad interim compensation in the court below before his release and the same should be released in favour of opposite party No.2 and further petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No. 3083 of 2021 stand disposed off.

(Rajesh Kumar, J.) Shahid/