Vinod Dangi @ Vinay Dango @ Vinay ... vs The State Of Jharkhand
2022 Latest Caselaw 1713 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Revision No.859 of 2020
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Vinod Dangi @ Vinay Dango @ Vinay Dangi ... Petitioner

-Versus-

      The State of Jharkhand                      ...      Opposite Party
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      CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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      For the Petitioner      : Mr. Vijay Kumar Roy, Advocate
      For the State           : Mr. S.K. Srivastava, A.P.P.
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      Order No.11                                Dated 28th April, 2022

      I.A No.3688 of 2022

The present Interlocutory Application being I.A No.3688 of 2022 has been filed by the petitioner for grant of bail/provisional bail, during pendency of the present Criminal Revision.

2. The petitioner has been convicted by the learned trial court (i.e, Judicial Magistrate, 1st Class, Hazaribagh in connection with Chouparan P.S. Case No.166 of 2007, for the offence under Section 304 A of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for a period of one (01) year and to pay a fine of Rs.2000/- and in default of payment of fine, he was directed to further undergo Simple Imprisonment for a period of three months and which has been affirmed vide judgment dated 23.09.2020 passed in Criminal Appeal No.18/2018 by the learned Additional Sessions Judge-IX, Hazaribagh.

3. It has been submitted by the learned counsel for the petitioner that the petitioner has completed more than half of the sentence. It is further submitted that the petitioner has filed the Interlocutory Application No.3688 of 2022 on the ground of marriage of daughter of the petitioner which is fixed on 07th May, 2022 and in support of the same, one marriage card showing the date of marriage on 07th May, 2022 has also been enclosed by filing I.A No.3688 of 2022.

4. Learned counsel for the State has raised no objection, however, he has further submitted that the petitioner may be directed to surrender after being released from the Jail.

5. Perused the interlocutory application and the impugned order passed by the learned Court below.

6. It appears that this is a case causing death to two persons by the rash and negligence driving of the petitioner and for also causing injury to three persons.

7. However, in view of solemnization of the marriage of the daughter of the petitioner which is fixed on 07.05.2022, I am inclined to enlarge the petitioner on provisional bail for three weeks.

8. On considering the fact that the marriage of the daughter of petitioner is going to be solemnized on 07.05.2022, during pendency of this Criminal Revision, the petitioner, Vinod Dangi @ Vinay Dango @ Vinay Dangi is directed to be released on provisional bail for a period of three weeks from the date of his release from jail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Soudamini Singh, Judicial Magistrate, 1st Class, Hazaribag or her successor court in connection with Chouparan P. S. Case No. 166 of 2007 corresponding to G. R. No. 4077 of 2007, corresponding to T.R No.3528 of 2017, subject to the condition that both bailors must be own relative of the petitioner in which one of the bailors must be blood relation of the petitioner and the learned Court below shall ensure that the petitioner must surrender within the aforesaid period. However, if the petitioner fails to the surrender, the learned Court below is directed to take all coercive possible steps for securing his arrest.

9. Accordingly, I.A. No. 3688 of 2022 stands allowed and is accordingly disposed of.

10. Let a copy of this order be sent to the learned Court below through 'FAX'.

(Sanjay Prasad, J.) Raja/-