Jharkhand High Court
Ashok Singh vs The State Of Jharkhand on 22 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1229 of 2019
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Ashok Singh ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Raja Ravi Shekhar Singh, Advocate
For the State : Mrs. Shweta Singh, A.P.P.
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I.A. No. 7605 of 2022
04/22.08.2022 The present Criminal Revision No. 1229 of 2019 has
been filed by the petitioner challenging the judgment dated
03.08.2019 passed in Criminal Appeal No. 91 of 2018 by the
learned Sessions Judge, Sahibganj whereby learned Sessions
Judge, Sahibganj has dismissed the Criminal Appeal No. 91 of
2018 and affirmed the judgement of conviction and order of
sentence dated 23.08.2018 passed by Sri Prabhat Kumar Sharma,
Chief Judicial Magistrate, Sahibganj in connection with G. R. No.
507 of 2012 arising out of Sahibganj (M) P. S. Case No. 171 of
2012 (T. R. No. 550 of 2018) whereby the petitioner has been
convicted for the offences under Sections 323/498(A) of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act and
has been sentenced to undergo S. I. for a period of Six (6) months
for the offence under Section 323 of the Indian Penal Code and
has been sentenced to undergo S. I. for a period of one (1) year and
to pay compensation of Rs. 1,000/- for the offence under Section
498(A) of the Indian Penal Code and has been sentenced to
undergo S. I. for a period of one (1) year and to pay compensation
of Rs. 1,000/- for the offence Section 4 of the Dowry Prohibition
Act.
All the sentences have been directed to run concurrently.
2. I.A. No. 7605 of 2022 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
Criminal Revision Application.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. It is submitted by the learned counsel for the petitioner
that the petitioner is husband of the informant. It is submitted that
judgments and orders passed by the learned Court below are not
sustainable in the eyes of law. It is submitted that the petitioner
was remanded in custody on 26.03.2015 and was released on bail
on 31.07.2015 i.e. for four (4) months and thereafter, the petitioner
has surrendered on 23.05.2022 and since then he is in custody till
date i.e. for three (3) months and as such, his total period of
custody is around seven (7) months and as such, he may be
enlarged on bail.
5. Learned counsel for the State has opposed the prayer for
bail and has submitted that the petitioner has demanded dowry
from the informant.
6. Perused the records of the case and the impugned order
passed by the learned Court below and considered the submissions
of both the parties.
7. It transpires that that the petitioner has been convicted for
the offences under Sections 323/498(A) of the Indian Penal Code
and Section 4 of the Dowry Prohibition Act and has been
sentenced to undergo S. I. for a period of Six (6) months for the
offence under Section 323 of the Indian Penal Code and has been
sentenced to undergo S. I. for a period of one (1) year and to pay
compensation of Rs. 1,000/- for the offence under Section 498(A)
of the Indian Penal Code and has been sentenced to undergo S. I.
for a period of one (1) year and to pay compensation
of Rs. 1,000/- for the offence under Section 4 of the Dowry
Prohibition Act. It further transpires that the petitioner was
remanded in custody on 26.03.2015 and was released on bail on
31.07.2015 i.e. for four (4) months and thereafter, the petitioner
has surrendered on 23.05.2022 and he is in custody till date i.e. for
three (3) months and as such, his total period of custody is around
seven (7) months.
8. Considering the facts and the circumstances of this case
and considering the period of custody of the petitioner, during
pendency of this Criminal Revision Application, the petitioner
namely Ashok Singh is directed to be released on bail, on
furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two
sureties of the like amount each to the satisfaction of by Sri
Prabhat Kumar Sharma, Chief Judicial Magistrate, Sahibganj of
his Successor Court in connection with G. R. No. 507 of 2012
arising out of Sahibganj (M) P. S. Case No. 171 of 2012 (T. R. No.
550 of 2018) subject to the condition that one of the bailors must
be close/own relative of the petitioner.
9. The I.A. No. 7605 of 2022 is allowed and stands disposed
of.
Criminal Revision No. 1229 of 2019
10. Admit.
11. Learned counsel for the petitioner is permitted to implead
the informant as opposite party no. 2 in this case.
12. Issue notice to the newly added opposite party no. 2 under
registered cover with A/D and ordinary process and for which
requisites etc. must be filed within two weeks from today.
13. Call for the scanned copy of the Lower Court Records. .
14. Put up this case after six months under the heading "For
Admission".
Kamlesh/ (Sanjay Prasad, J.)
