Abhay Kumar Mohanti vs The State Of Jharkhand
2022 Latest Caselaw 5224 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 963 of 2022
      Abhay Kumar Mohanti                    .... .. ... Petitioner(s)
                                 Versus
      The State of Jharkhand                  .. ... ...Opp. Party(s)
                     ...........

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

      For the Petitioner(s)         : M/s Gori Debi, Advocate
                                       Mr. N. K. Sahani, Advocate
      For the State                 : Mr. Sunil Kr. Dubey, APP
                     ......
                     I.A.No.11265 of 2022.

05/ 23.12.2022. Heard, learned counsel for the petitioner on I.A. No.11265 of 2022 which has been filed during pendency of the instant Cr. Revision for grant of bail to the petitioner who has been convicted in Cr. Appeal No.40 of 2022 affirming the judgment of conviction and order of sentence dated 23.05.2022 passed in G.R. No.307 of 2015 (T.R. No.134 of 2022) arising out of Noamundi P.S. Case No.29 of 2015 under Sections 414 /34 of the Indian Penal Code and has been sentenced to undergo R. I. for 3 years with a fine of Rs.10,000/- and in default of payment of fine, further S.I. for one month.

It is submitted that on 07.11.2022, the petitioner has surrendered before the court below in connection with present case and is in custody since then and served sentence for about 3 months including the period of custody during trial.

It is further submitted that the petitioner was not present at the time of said seizure of 2 tonnes of iron scrape. The petitioner is transporter by profession and the owner of the vehicle and his name has come on the basis of disclosure statement of the driver.

Learned APP for the State has opposed the prayer.

Considering the submissions of learned counsel for the parties, the prayer made in the instant I.A. is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, The aforesaid I.A. stands disposed of.

(Gautam Kumar Choudhary, J.) Sandeep/