Surendra Kumar Mahto vs The State Of Jharkhand
2021 Latest Caselaw 3418 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No.765 of 2020

       Surendra Kumar Mahto
       @ Surendra Mahto                         ......      Petitioner
                               Versus
       The State of Jharkhand                   ......   Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Pradeep Kumar, Advocate For the State : Ms. Niki Sinha, A.P.P

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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                th
05/Dated: 14         September, 2021

I.A. No.737 of 2021

1. The present interlocutory application has been filed for exempting the revisionist from surrender in the court below for serving out the sentence as has been awarded vide order dated 31.08.2018, passed by the court of learned J.M., 1 st Class, Giridih in Trial Case No.1097 of 2018, which has been affirmed vide judgment dated 31.07.2020, passed by the court of learned Additional Sessions Judge - V, Giridih, in Cr. Appeal No.116 of 2018.

2. Argument has been advanced by the learned counsel for the revisionist on merit and submitted that there is case and counter case between the parties.

3. Learned A.P.P has opposed the prayer.

4. Heard learned counsel for the petitioner and learned A.P.P. It cannot be a ground for exempting the revisionist from surrender in the court below as he has been convicted by two courts. Accordingly, I.A. No.737 of 2021 stands dismissed.

5. The court below is directed to take all coercive steps for apprehension of the revisionist and commit him to jail for serving the rest of the sentence, and submit the compliance report to this Court.

(Rajesh Kumar, J.) Chandan/-