Binay Bhandari vs The State Of Jharkhand
2022 Latest Caselaw 1471 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. M.P. No. 362 of 2022
                               ------

1. Binay Bhandari

2. Suresh Bhandari ... ... Petitioners Versus The State of Jharkhand ... ... Opp. Parties

--------

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

--------

For the Petitioners : Mr. Sunil Singh, Advocate For the State : Mr. Sardhu Mahto, A.P.P.

--------

Order No. 02: Dated: 11th April, 2022 Heard the learned counsel appears for the petitioners as well as for the State.

The present Cr.M.P. has been filed for restoration of Cr. Appeal (SJ) No. 202 of 2007 to its original position which was dismissed for no-prosecution vide order dated 01.08.2019.

It has been pointed out that the instant criminal appeal has been preferred by the petitioner against the judgment of conviction dated 20.01.2007 passed in Sessions Case No. 51/05 by the learned Additional Sessions Judge, F.T.C., Dumka whereby the appellants have been found guilty for offence under section 427/324 of IPC and sentenced to pay a fine of Rs. 5000/- and in default of payment of fine, the appellants will further undergo rigorous imprisonment for two years.

It has further been pointed out the appeal was dismissed observing that the appellants have lost their interest in this case to that effect that an instruction was given to the learned counsel appearing for the appellants that fine amount of Rs. 5000/- (Rupees Five Thousand only) shall be deposited by them.

Although, the report received from the concerned court below that the fine amount has not been deposited and therefore, the said appeal was dismissed for non-prosecution observing that the appellants have lost their interesting in the appeal Learned counsel appearing for the petitioners submits that he undertakes that the petitioner/appellants will deposit the fine amount as awarded by the concerned court below for restoration of the appeal. Therefore, an opportunity may be given to the appellants to restore this criminal appeal.

Learned A.P.P. for the State has fairly submitted that the appeal was dismissed for non-prosecution.

Having taken into consideration the aforesaid facts, the appeal was dismissed for non-prosecution and it must be heard on merit, therefore, this Cr.M.P. is allowed. Accordingly, the Cr. Appeal (SJ) No. 202 of 2007 is restored to its original record.

(Navneet Kumar, J.) MM