Sudama Ram vs The State Of Jharkhand
2021 Latest Caselaw 2062 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.2732 of 2021
                         In
             Cr. Revision No.809 of 2020

    Sudama Ram                              ......         Petitioner

                            Versus
    1.   The State of Jharkhand
    2.   Rekha Devi                         .....    Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. B. K. Singh, Advocate For the State : Ms. Shweta Singh, 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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06/Dated: 25        June, 2021

I.A. No.2732 of 2021

1. At the very outset, learned counsel for the petitioner seeks permission to delete the name of Chandra Shekhar Ram from the cause title of the interlocutory application, which has been wrongly typed, as the present revision application has been filed only on behalf of the petitioner Sudama Ram.

2. Permission is accorded.

3. 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 namely Sudama Ram, during the pendency of the revision application.

4. This revision application has been filed against the judgment dated 30.07.2020, passed by the court of learned Additional Sessions Judge - VI, Palamau at Daltonganj, in Criminal Appeal No.152 of 2013, whereby the sentencing part of the judgment dated 27.09.2013, passed by the court of learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, in Complaint Case No.18 of 2009 (T.R. No.467 of 2013) has been modified to the extent that the petitioner shall undergo rigorous imprisonment of one year, in place of two years, and pay fine of Rs.5,000/-, in default thereof, to suffer simple

imprisonment of one month, for the offence under Section 498(A) of the Indian Penal Code.

5. Learned counsel for the petitioner has submitted that the petitioner is aged about 75 years and he has surrendered on 23.02.2021 before the court below and since then he is custody.

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

7. Considering the age of the petitioner and the period of custody, 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 Judicial Magistrate, 1 st Class, Palamau at Daltonganj, in connection with Complaint Case No.18 of 2009 (T.R. No.467 of 2013), 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.

8. I.A. No.2732 of 2021 stands disposed off.

(Rajesh Kumar, J.) Chandan/-