Prabhash Singh vs State Of Jharkhand
2021 Latest Caselaw 4009 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Criminal Revision No. 407 of 2021
                                             ....

                Prabhash Singh                                        ....    Petitioner
                                             Versus
                1. State of Jharkhand
                2. Anuradha Singh                                      .... Opposite Parties
                                             ....
                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner           : Mr. D.K.Chakraverty, Adv.
                For the State                : Ms. Shweta Singh, APP.
                For the O.P. No.2            : None
                                             ....
05/26.10.2021             I.A. No.5193 of 2021

Heard learned counsel for the petitioner and learned counsel for the State. Notice has been issued to the O.P. No.2 and the same has been received by her but she has not participated in the present proceeding.

The instant application has been filed on behalf of the petitioner for suspension of sentence during pendency of the instant revision petition.

The revision is directed against the judgment dated 15.07.2021, passed by the learned Sessions Judge, East Singhbhum at Jamshedpur in Criminal Appeal No.161 of 2019, affirming the judgment dated 30.04.2019, passed by the court of J.M. 1st Class, Jamshedpur in G.R. Case No.1010 of 2008 (T.R. No.15 of 2019) arising out of Parsudih P.S. Case No.74 of 2008, whereby the petitioner has been found guilty and convicted for the offence under Section 418 of the Indian Penal Code and has been sentenced to undergo R.I. for two years and six months with a fine of Rs.9,000/- and in default of payment of fine he shall further undergo S.I. for six months.

Learned counsel for the petitioner has submitted the petitioner has remained in custody for about six months. It has been further submitted that the allegation is that the victim and the present revisionist has entered into an agreement for executing commercial transaction i.e. roof work. There was dispute between the parties and it has been alleged that money has been defalcated by this revisionist. It has been further submitted that it is nothing but misconception of accounting. On above facts, prayer for bail has been made.

On the other hand, learned A.P.P. has opposed the prayer. In the attending facts and circumstances of the case, I am inclined to suspend the sentence and enlarge the petitioner on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamshedpur in G.R. Case No.1010 of 2008 (T.R. No.15 of 2019) arising out of Parsudih P.S. Case No.74 of 2008, subject to the condition that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court.

I.A. No. 5193 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/