Jharkhand High Court
Nawal Kishore Singh vs The State Of Jharkhand on 2 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 294 of 2021
.......
Nawal Kishore Singh .... ....Petitioner
-Versus-
The State of Jharkhand .... ....Opp. Party
CORAM:-HON'BLE MR. JUSTICE RAJESH KUMAR
.......
For the Petitioner : - Mr. Ajit Kumar, Sr. Adv.
Mr. Ranjan Kumar, Adv.
For the State : - Mr. A. P. Topno, A.P.P.
For the Informant : - Mr. Niranjan Singh, Adv.
.....
The matter was taken up through Video Conferencing. Learned counsels for the
parties had no objection with it and submitted that the audio and video qualities
were good.
........
I.A. No. 2781 of 2021
05/02.09.2021 It has been submitted by the learned senior counsel for the petitioner that he
does not want to press the instant Interlocutory Application.
Learned counsel for the State and the informant has no objection.
Accordingly, I.A. No. 2781 of 2021 stands dismissed as not pressed.
I.A. No. 4281 of 2021
The present interlocutory application has been filed on behalf of the
petitioner for suspension of sentence, during pendency of the instant criminal
revision petition.
The instant criminal revision has been filed against the judgment dated
19.10. 2020 passed by Sri Alok Kumar Dubey, learned District and Additional
Sessions Judge-I, Dhanbad in Cr. Appeal No. 28 of 2020 whereby the appeal
preferred by the petitioner has been dismissed by affirming the judgment of
conviction and order of sentence dated 27.01.2020 by the learned Judicial
Magistrate, 1st Class, Dhanbad in G. R. Case No. 2101 of 2007(T.R. No. 2120 of
2020) arising out of Kenduadih P. S. Case No. 45 of 2007 whereby the petitioner
has been convicted for the offence under Section 420 of the Indian Penal Code and
sentenced to R.I. for two years and ten months with fine of Rs. 7,000/- and in
default thereof further undergo S.I. for one year.
It has been submitted by the learned senior counsel for the petitioner that
ingredient for the offence under Section 420 of the Indian Penal Code is not made
out. Even if allegation, which has been evidenced, is accepted on its face value,
then no offence under Section 420 of the Indian Penal Code is made out and as
such, the entire conviction is bad in law. Further the petitioner, who is a old
businessman, was in custody since 10.11.2007 to 04.02.2008 and 05.04.2013 to
18.04.2013 during trial and thereafter he is in custody since 05.06.2021. Thus he is
in custody for almost six months. On the above fact, prayer for suspension of the
sentence has been made.
Learned counsel for the State and the informant has opposed the prayer.
In the attending facts and circumstances of the case, I am inclined to
suspend the sentence of this petitioner, during pendency of the instant criminal
revision petition. Accordingly the petitioner is directed to be enlarged on bail, 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,
Dhanbad in connection with Kenduadih P. S. Case No. 45 of 2007 corresponding
to G. R. Case No. 2101 of 2007 (T.R. No. 2120 of 2020), subject to the condition
that the petitioner shall remain present before the Court as and when the case is
taken up for hearing, failing which his bail bond shall be cancelled.
I.A. No. 4281 of 2021 stands allowed.
Let a copy of this order be transmitted through FAX to the Court concerned
at the cost of the petitioner.
Cr. Revision No. 294 of 2021
Admit.
Issue notice.
Lower court records have already been received.
(Rajesh Kumar, J.)
Kamlesh/
