Jharkhand High Court
Nirmal Kumar Mandal vs The State Of Jharkhand on 3 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.148 of 2022
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Nirmal Kumar Mandal ... 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. Shashi Kant Thakur, Advocate
For the State : Mr. Sanat Kumar Jha, A.P.P.
For the O.P No.2. : Mr. Din Dayal Saha, Adv.
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Order No.02 Dated 03rd August, 2022
I.A No.4365 of 2022
Heard Shashi Kant Thakur, learned counsel for the petitioner and
Mr. Sanat Kumar Jha, learned counsel for the State as well as Mr. Din
Dayal Saha, learned counsel for the O.P No.2
2. The present Interlocutory Application being I.A No.4365 of
2022 has been filed by the petitioner for grant of bail during
pendency of the present Criminal Revision.
3. The present Criminal Revision Application has been filed on
behalf of the petitioner challenging the judgment dated 13.12.2021
passed in Criminal Appeal No.27 of 2019 by the learned Principal
Sessions Judge, Pakur, whereby, learned Principal Sessions Judge,
Pakur has dismissed the said Criminal Appeal No.27 of 2019 by
modifying the sentence that the petitioner shall undergo Simple
Imprisonment for a period of one (01) year and to pay a fine of
Rs.5000/- while modifying the judgment of conviction and order of
sentence dated 29.07.2019 in connection with Hiranpur P.S. Case
No.29 of 2013, corresponding to G.R No.211 of 2013 (T.R No.114
of 2019) passed by Sri. Rakesh Ranjan, Judicial Magistrate, 1st
Class, Pakur, by which, the petitioner has been convicted for the
offence under Section 498-A of the I.P.C and has been sentenced to
undergo Simple Imprisonment for a period of two years and to pay
a fine of Rs.10,000/- and in default of payment of fine, he has
further directed to undergo Simple Imprisonment for a period of
three months.
3. It is further submitted that the judgments and order passed by
the learned Court below are not sustainable in the eyes of law. It is
further submitted that the case has been compromised between both
the sides. It is submitted that the petitioner is in custody since
02.05.2022 and hence, he may be enlarged on bail.
4. On the other hand, learned counsel for the State has opposed
the bail.
5. Learned counsel for the Opposite Party No.2 has admitted the
factum of compromise between both the sides and has further
submitted that should comply with an Undertaking before the
Mediation Centre.
6. Perused the report sent by the learned Secretary, DLSA, Pakur
and considered the submission made on behalf of the parties.
7. It transpires from the Mediation Report sent by learned
Secretary, D.L.S.A , Pakur vide letter No.27.06.2022, it would
appear that the Mediation between the parties is successful and both
the sides have agreed to got the case compromised on certain terms
and conditions as per Report dated 26.07.2022 received from
Secretary, DLSA, Pakur showing the signature of parties on the term
of compromise.
8. Considering the fact that the case has been compromised
between the parties, the petitioner namely, Nirmal Kumar Mandal, is
directed to be released on provisional bail for a period of three
months on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of learned
Principal Sessions Judge, Pakur in connection with Hiranpur P.S.
Case No.29 of 2013, corresponding to G.R No.211 of 2013 (T.R
No.114 of 2019, subject to the condition that one of the bailors must
be own relative of the petitioner.
09. Accordingly, I.A No.4365 of 2022 stands allowed and is
accordingly disposed of.
Criminal Revision No.148 of 2022
10. Put up this case on 01.11.2022, under the heading 'For
Admission'.
11. Both the parties are directed to file necessary affidavit(s) with
regard to given an undertaking before the Mediation Centre between
both the sides.
(Sanjay Prasad, J.)
Raja/-
