Haldhar Hazra @ Haldhar Hazara vs The State Of Jharkhand
2021 Latest Caselaw 3694 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Revision No. 234 of 2021
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Haldhar Hazra @ Haldhar Hazara .....Petitioner Versus The State of Jharkhand ....Opposite Party

Coram: HON'BLE MR JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Sanjay Kumar, Adv. For the Opp. Party : Mr. Ravi Prakash, Spl. P. P.

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

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I.A. No. 2357 of 2021 05/29.09.2021 As per the office report, there is no requirement of the limitation petition.

In that view of the matter, I.A. No. 2357 of 2021 stands disposed of. Criminal Revision No. 234 of 2021 Admit.

Issue Notice.

The Lower Court Records has already been received. I.A. No. 2358 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 28.08.2020 passed by learned Additional Sessions Judge-IV, Bokaro in Cr. Appeal No. 70 of 2018 whereby the appeal preferred by the present petitioner which has been modified by the appellate court to the judgment of conviction and order of sentence dated 26.03.2018 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G. R. Case No. 290 of 2012 (T.R. No. 454 of 2018) .

It has been submitted by the learned counsel for the petitioner that the petitioner has been convicted for mximum one year rigorous imprisonment for the offence under section 498A of the IPC with fine. It has been further submitted that he is in custody for about nine months which is half of the sentence as imposed by the trial court. On the above fact, prayer for suspension of the sentence has been made.

Learned counsel for the State 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, Bokaro in connection with G. R. Case No. 290 of 2012 (T.R. No. 454 of 2018), 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.

However, the Court below before issuing release order, shall satisfy itself regarding the fact that the petitioner has remained in custody for about nine months and, if not, will report the matter to this Court.

I.A. No. 2358 of 2021 stands disposed of.

(Rajesh Kumar, J) kamlesh/