Panchanan Patra vs The State Of Jharkhand
2021 Latest Caselaw 1981 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.4976 of 2020
                         In
             Cr. Revision No.667 of 2020

    Panchanan Patra
    @ Panchanand Patra                       ......      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. Anurag Kashyap, Advocate For the State : Mr. Rajesh Kumar, 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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02/Dated: 22        June, 2021

I.A. No.4976 of 2020

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. This revision application has been filed against the judgment dated 31.01.2020, passed by the court of learned Additional Sessions Judge - I, Ghatshila, in Criminal Appeal No.155 of 2019, affirming the judgment dated 05.02.2019, passed by the court of learned Additional Chief Judicial Magistrate, Ghatsila, in G.R. No.292 of 2017, corresponding to T.R. No.101 of 2019, arising out of Ghatsila P.S. Case No.60 of 2017, whereby the petitioner has been convicted for the offence under Section 392 of the I.P.C and sentenced to undergo rigorous imprisonment of seven years and to pay fine of Rs.5,000/-, in default thereof, to suffer simple imprisonment of one year.

3. Learned counsel for the applicant has submitted that the petitioner is in custody since 13.09.2017 and he has served more than half of the sentence, while the maximum punishment is of seven years. It has further been submitted

that co-accused namely, Bishnu Pada Bhakat, has been granted bail by the Co-ordinate Bench of this Court vide order dated 27.02.2020, passed in Cr. Revision No.678 of 2019.

4. On the other hand, learned A.P.P has opposed the prayer for bail.

5. In view of the above submission of learned counsel for 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 Additional Chief Judicial Magistrate, Ghatsila, in connection with G.R. No.292 of 2017, corresponding to T.R. No.101 of 2019, arising out of Ghatsila P.S. Case No.60 of 2017.

However, the court below, before issuing the release order, shall satisfy itself regarding the fact that the petitioner has remained in custody for half of the sentence and, if not, will report the matter to this Court.

6. I.A. No.4976 of 2020 stands disposed off.

Cr. Revision No.667 of 2020

1. Admit.

2. Call for the scanned copy of the lower court record from the court concerned.

(Rajesh Kumar, J.) Chandan/-