Jharkhand High Court
Dharmendra Panda @ Dharmendra ... vs The State Of Jharkhand on 18 October, 2021
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 2069 of 2021
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1.Dharmendra Panda @ Dharmendra Kumar Panda, aged about 28 years, son of
Kuleshwar Panda, resident of village Kolebira, PO and PS Kolebira, District Simdega
2.Sushil Dungdung, aged about 30 years, son of Jonathan Dungdung, resident of
Village Kanjoba, Patia Tola, PO and PS Kolebira, District Simdega....... Petitioners
-- Versus --
The State of Jharkhand ........ ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Zaid Ahmed, Advocate
For the State :- Mrs. Vandana Bharti, A.P.P
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4/18.10.2021 Heard Mr. Zaid Ahmed, the learned counsel appearing on behalf of the
petitioners and Mrs.Vandana Bharti, the learned counsel appearing on behalf of
the respondent State.
This petition has been field under section 389(2) Cr.P.C for suspension of
sentence and against the order dated 03.08.2021 whereby the said privilege has
been denied by the appellate court in Criminal Appeal No.04 of 2021, arising out
of Kolebira P.S. Case No.27 of 2015, corresponding to G.R. No. 201 of 2015.
Mr. Zaid Ahmed, the learned counsel appearing on behalf of the petitioners
submits that the F.I.R was lodged alleging misappropriation of sum of
Rs.1,42,000/-, Rs.27,880/-, Rs.37,880/- and Rs.40,380/-. He submits that these
amounts are with regard to different schemes. He submits that the work was not
completed in view of the extremist threat. He submits that the trial court has
sentenced the accused persons for five years under sections 406 and 409 I.P.C.
Rs.13,349/- was found to be embezzled by petitioner no.1 and Rs.8,167/- by
petitioner no.2. He further submits that the said amount has already been
deposited by the petitioners before the concerned authority which has been
indicated in paragraph no.31 of the trial court judgment. The petitioners were
already on regular bail throughout the trial and the petitioners are in custody after
conviction since 22.03.2021.
Mrs. Vandana Bharti, the learned counsel appearing for the respondent
State opposed the prayer of the petitioners.
In view of the above facts and considering that the petitioners have
already deposited the amount and they were already on regular bail during the
trial, the Court is inclined to exercise its powers under section 389(2) Cr.P.C. The
sentence is kept under suspension till the finalization of the appeal. Both the
petitioners, above named, shall be released on furnishing bail bond of Rs.20,000/-
each with two sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Simdega in connection with Kolebira P.S. Case No.27 of
2015, corresponding to G.R. No. 201 of 2015.
Let this order be communicated to the concerned court at the cost of the
petitioners by FAX.
Cr.M.P. No.2069 of 2021 stands disposed of.
( Sanjay Kumar Dwivedi, J)
SI/
