Jharkhand High Court
Manzoor Khan vs The State Of Jharkhand on 24 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.291 of 2022
---------
Manzoor Khan ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Parties
---------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-------
For the Petitioner : Mr. Randhir Kumar, Advocate
For the State : Mrs. Rashmi Kumar, A.P.P.
---------
Order No.05 Dated 24th August, 2022
I.A No.6798 of 2022
Heard Mr. Randhir Kumar, learned counsel for the petitioner and
Mrs. Rashmi Kumar, learned counsel for the State.
2. The present interlocutory application being I.A No.6798 of 2022 has
been filed on behalf of the petitioner for grant of bail during the pendency of
this Criminal Revision Application.
3. The present Criminal Revision Application has been filed on
behalf of the petitioner for setting aside the judgment dated
09.12.2021 in Criminal Appeal No.07 of 2021 passed by the learned
Sessions Judge, Koderma by which the said appeal was dismissed
by the learned Appellate Court below by affirming the judgment of
conviction and order of sentence dated 17.03.2021 passed by the
Sub-Divisional Judicial Magistrate, Koderma in connection with
Jainagar P.S. Case No.216 of 2017, corresponding to G.R No.968 of
2017 (T.R No.1720 of 2021) whereby, the petitioner has been
convicted for the offence under Section 498-A of the Indian Penal
Code and has been sentenced to undergo Simple Imprisonment for
a period of two (02) years and to pay the fine of Rs.5,000/- and in
default of payment of fine, he has further been sentenced to undergo
Simple Imprisonment for a period of 02 months.
4. It is submitted that the petitioner is innocent. It is submitted by
the learned counsel for the petitioner that case has been
compromised between both the sides and the petitioner has returned
the articles to the Opposite Party No.2. However, the Dain Mohar
has not been paid and the petitioner shall pay the Dain Mohar and
also other formalities after being released from jail. It is further
submitted that the petitioner is in custody since 07.03.2022 and
hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the petitioner has taken cunningly her
signature on the compromise petition and has not paid her Dain
Mohar and has not fulfilled the obligation of giving divorce.
6. Perused the Interlocutory Application and considered the
submission made on behalf of the parties.
7. It transpires that the petitioner was in custody from 07.11.2017
to 06.02.2018 and thereafter, he is in custody since 07.03.2022 and
the petitioner has remained in custody for around eight months.
8. Considering the period of custody of the petitioner and showing
willingness to pay the Dain Mohar and complete all other formalities, the
petitioner namely, Manzoor Khan is directed to be released on
provisional bail for a period of three months from today on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Koderma in connection with Jainagar P.S. Case No.216 of
2017, corresponding to G.R No.968 of 2017 (T.R No.1720 of 2021),
subject to the condition that one of the bailors must be own relative of
the petitioner.
09. Let a copy of this order be sent to the learned Court below
through 'Fax' at once.
10. However, liberty is given to the parties to mention this case
before this Court, if there is possibly of compromise between both the
sides.
11. Accordingly, put up this case on 24th November, 2022 under the
heading "For Admission".
12. Thus, I.A No.6798 of 2022 stands allowed and is accordingly,
stands disposed of.
(Sanjay Prasad, J.)
Raja/-
