Jharkhand High Court
Sudheswar Singh @ Sudheshwar ... vs The State Of Jharkhand & Anr on 23 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 863 of 2021
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1. Sudheswar Singh @ Sudheshwar Singh
2. Mahesh Singh
3. Satyendra Singh ... Petitioners
Versus
The State of Jharkhand & Anr. ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Ms. Omiya Anusha, Advocate
: Mr. Rishi Pallava, Advocate
For the State : Mrs. Vandana Bharti, Addl. P.P.
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Order No.04 Dated- 23.07.2021
Heard the parties through video conferencing.
Learned counsel for the petitioners personally undertakes to
remove the defects as pointed out by the stamp reporter within two
weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for
the petitioners, the defects pointed out by the stamp reporter are
ignored for the present.
It is submitted by the learned counsel for the petitioners that this
criminal miscellaneous petition has been filed by the petitioners to
grant extension of four weeks to surrender before the learned court
below in pursuant to the judgment and order of sentence dated
13.02.2020 passed in Acquittal Appeal (S.J.) No.25 of 2006 by this Court
whereby and where under, this Court set aside the judgment of the
learned Sessions Judge, Chatra dated 18.01.2005 passed in Criminal
Appeal No.03 of 2004 whereby and where under, the learned trial court
acquitted all the appellant before him who were the private
respondents before this Court of all the charges and the private
respondent-Mahesh Singh was convicted for the offence punishable
under Section 325 of Indian Penal Code only and private respondents -
Sudeshwar Singh and Satyendra Singh were convicted for the offence
punishable under Section 323 of the Indian Penal Code only and the
private respondent- Mahesh Singh was sentenced to undergo Rigorous
Imprisonment of 15 days and fine of Rs.2000/- and in default of
payment of fine to undergo Simple Imprisonment for 15 days for the
offence punishable under Section 325 of Indian Penal Code and the
private respondents- Sudeshwar Singh and Satyendra Singh were
sentenced to fine of Rs.1000/- and in default of payment of fine to
undergo Simple Imprisonment for 15 days and by the said order, the
private respondents-who are the petitioner's herein, were directed to
surrender within three months from the date of the judgment dated
13.02.2020 failing which the trial court was directed to take coercive
steps for their apprehension for serving out the sentence. It is submitted
by the learned counsel for the petitioner that private respondents-
Sudeshwar Singh and Satyendra Singh who are the petitioners nos.1
and 3 herein are ready and willing to pay the fine amount of Rs.1000/-
each as they could not surrender with three months stipulated by the
said Judgment because of Covid-19 Pandemic. It is next submitted that
the time period of the private respondents-Sudeshwar Singh and
Satyendra Singh who are the petitioners nos.1 and 3 herein who have
been sentenced to fine only be extended for further four week from the
date of this order.
Considering the aforesaid submission of the learned counsel for
the petitioners, the prayer for extension of time, for the private
respondents -Sudeshwar Singh and Satyendra Singh who are the
petitioners nos.1 and 3 herein, to surrender in the court below for four
weeks from the date of this order in terms of the judgment dated
13.02.2020, passed in Acquittal Appeal (S.J.) No.25 of 2006 is allowed.
Hence, the private respondents Sudeshwar Singh and Satyendra Singh
who are the petitioner nos.1 and 3 herein are directed to surrender
before the court below "within four weeks from the date of this order in
terms of the judgment dated 13.02.2020, passed in Acquittal Appeal
(S.J.) No.25 of 2006".
The private respondent-Mahesh Singh who is the petitioner no.2
herein is directed to surrender before the learned trial court forthwith,
failing which, the learned trial court is directed to take all coercive steps
for his apprehension for serving out the sentence in terms of judgment
dated 13.02.2020, passed in Acquittal Appeal (S.J.) No.25 of 2006.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/
