Jharkhand High Court
Abhishek Raj vs The State Of Jharkhand on 26 March, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.101 of 2021
In
Cr. Revision No.545 of 2020
Abhishek Raj ...... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. Indrajit Sinha, Advocate
Mr. Bibhash Sinha, Advocate
For the State : Mr. Shekhar Sinha, P.P
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th
06/Dated: 26 March, 2021
1. Learned counsel for the petitioner seeks permission
to carry out necessary correction of the typographical error
in the interlocutory application, wherein 'I.A. No.101 of
2020' has been mentioned, in place of 'I.A. No.101 of
2021'.
2. Learned P.P is present.
3. Heard. Permission is accorded. Learned counsel shall
carry out the necessary correction.
4. This revision shall be heard.
5. Admit.
6. The lower court record has already been received.
7. Office to list the revision under the heading 'For
Hearing', in seriatim, as per age.
I.A. No.101 of 2021
1. This interlocutory application has been filed under
Section 401 of the Code of Criminal Procedure for
suspension of the sentence and grant of ad-interim bail, to
the petitioner, during the pendency of the revision.
2. The revision is directed against the judgment dated
16.06.2020, passed by the court of learned District &
Additional Sessions Judge-II, F.T.C., Bokaro in Cr. Appeal
No.100 of 2019, affirming the judgment dated 08.05.2019,
passed by the court of learned Judicial Magistrate, 1 st
Class, Bokaro in G.R No.400 of 2013, T.R. No.556 of 2017,
whereby the petitioner was found guilty and convicted for
the offence under Section 498(A) of the Indian Penal Code
and Section 4 of the Dowry Prohibition Act, and sentenced
to undergo rigorous imprisonment of one year and simple
imprisonment of six months respectively.
3. Heard learned counsel for the petitioner and the
learned P.P. On perusal of the materials on record, it
appears that P.W.-5, the victim, has testified that she was
tortured and assaulted and she sustained injury and she
had handed over the injury report to P.W.-6 - the
Investigating Officer. P.W.-6, the Investigating Officer, in
her cross-examination, has stated that the informant did
not hand over any injury report or document of injury to
her. The Investigating Officer has stated that during
investigation no enquiry was made regarding the car or the
make of car given as dowry to the petitioner by the
informant's father.
In view of the materials on record an taking into
account that the petitioner is suffering from psychiatric
problem and is under treatment and the period of custody,
he is directed to be released on bail, during the pendency
of the revision, on his furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Bokaro, in connection with G.R
No.400 of 2013, T.R. No.556 of 2017.
4. I.A. No.101 of 2021 stands allowed.
(AMITAV K. GUPTA, J.)
Chandan/-
