Citation : 2021 Latest Caselaw 4033 Jhar
Judgement Date : 27 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No.4883 of 2021
In
Criminal Revision No.632 of 2019
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Gostu Singh .... .... Petitioner
Versus
The State of Jharkhand .... .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Lalan Kumar Singh, Adv.
For the State : Mrs. Shweta Singh, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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th 08/Dated: 27 October, 2021
I.A. No.4883 of 2021
1. This interlocutory application has been filed on behalf of the petitioner for suspension of sentence and releases him on bail, during pendency of the instant revision.
2. The petitioner has been convicted for the offence under Section 498A of the Indian Penal Code vide judgment of conviction and order of sentence dated 07.12.2018, by which the petitioner has been sentenced to undergo rigorous imprisonment for one year with a fine of Rs.5,000/- for the offence under Section 498A of the I.P.C. and in default thereof, further to undergo two months simple imprisonment, passed by the learned J.M. 1st Class, Hazaribag in G.R. No.1893 of 2011 (T.R. No.440 of 2018) in connection with Barkatha P.S. Case No.96 of 2011. Thereafter, an appeal has been filed being Cr. Appeal No.01 of 2019 in which the judgment of conviction and order of sentence dated 07.12.2018 has been affirmed by the learned Sessions Judge, Hazaribag vide order dated 02.04.2019.
3. It has been submitted by the learned counsel for the petitioner that the petitioner has surrendered on 02.09.2021 and remained in custody for two months. The petitioner is ready to pay Rs.1,15,000/- as compensation amount to his wife (the informant). On the above facts, the prayer for suspension of sentence has been made.
4. In the attending facts and circumstances of the case, the sentence is suspended for a period of six months and the petitioner is directed to pay Rs.1,15,000/- in the court below within four months from the date of this order, which shall be released in favour of the informant-wife.
5. In view of above discussion, I am inclined to suspend the sentence of the petitioner and enlarge him on bail for six months on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Hazaribag in G.R. No.1893 of 2011 (T.R. No.440 of 2018) in connection with Barkatha P.S. Case No.96 of 2011, subject to the condition that the petitioner will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
6. In the result, the present interlocutory application being I.A. No.4883 of 2021 stands allowed.
(Rajesh Kumar, J.)
Amar/-
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