Balram Krishan Sharma @ Balram ... vs The State Of Jharkhand
2021 Latest Caselaw 1882 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Criminal Revision No. 643 of 2016

Balram Krishan Sharma @ Balram Krishna Sharma ... Petitioner
                                Versus
The State of Jharkhand                              ... Opposite Party
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(Through V.C)

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mrs. Mahua Palit, APP

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Order No.07/Dated: 11th June, 2021

This criminal revision petition was filed on 20.05.2016, however, it remained pending for a considerable time. By an order dated 09.06.2017 by way of last indulgence three weeks' further time was granted to the petitioner to remove the defects as pointed out by the Registry, which, he however failed to do and accordingly this criminal revision petition was dismissed in default. The petitioner filed an application for restoration which was allowed vide order dated 03.06.2020 and as a consequence of which this criminal revision petition has been restored to its original file.

Mrs. Mahua Palit, the learned APP appears for the State. Call for the lower Court records.

The learned counsel for the petitioner shall prepare a short synopsis and list of dates which shall be filed one week prior to the next date of hearing with an advance copy served upon the learned State counsel, may be through e-mail.

Post this matter on 27.08.2021.

I.A. No.1904 of 2021 This application has been filed by the petitioner, who has surrendered on 05.03.2021 and sent to judicial custody, for suspension of sentence during pendency of this criminal revision petition. The petitioner was found guilty and convicted for the offence under section 324 of the Indian Penal Code in Sessions Trial Case No.68 of 2010. By an order dated 12.02.2013 he was sentenced to SI for two years under section 324 of the Indian Penal

Code. The appeal preferred by the petitioner vide Criminal Appeal No.62 of 2013 was dismissed by judgment dated 06.02.2016.

Before the trial Court on the point of sentence the petitioner raised a plea that in view of nature of the offence he should be released granting benefit under section 360 of the Code of Criminal Procedure, however, the learned trial Judge has declined to release him under sections 4 and 5 of the Probation of Offenders Act.

The learned counsel for the petitioner submits that the petitioner was taken into custody during the investigation and he has remained in custody for about two weeks. After his surrender on 05.03.2021 the petitioner has now undergone more than three months of imprisonment.

In view of the aforesaid facts and circumstances, I am inclined to suspend the sentence awarded to the petitioner, namely, Balram Krishan Sharma @ Balram Krishna Sharma vide order of sentence dated 12.02.2013 passed in Sessions Trial Case No.68 of 2010 and affirmed by the appellate Court in Criminal Appeal No.62 of 2013 on his executing a bond of Rs.10,000/- to the satisfaction of the Court concerned on the condition that he shall make himself available before this Court through his counsel whenever this criminal revision petition is called for hearing, failing which the order of suspension of sentence shall be recalled.

I.A. No.1904 of 2021 stands allowed.

Let a copy of the order be transmitted to the Court concerned and the concerned jail superintendent through 'Fax'.

(Shree Chandrashekhar, J.) RK/sudhir