Samsher @ Shamsher Alam vs The State Of Jharkhand
2022 Latest Caselaw 236 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr. Revision No.608 of 2021

     1.    Samsher @ Shamsher Alam
     2.    Salim Ansari
     3.    Saleha Khatoon
     4.    Sagir Alam                               ......        Petitioners
                                Versus
     1.    The State of Jharkhand
     2.    Juveda Khatoon                           .....     Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Mr. Onkar Nath Tiwary, Advocate For the State : Mr. Vijay Kumar Sinha, A.P.P

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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04/Dated: 03         February, 2022

I.A. No.6971 of 2021

1. The present interlocutory application has been filed for giving exemption to the petitioners from surrender in the court below, in connection with P.C.R. Case No.467 of 2007.

2. The revision application has been filed against the judgment dated 27.02.2021, passed by the court of learned Additional Sessions Judge - V, Deoghar, in Criminal Appeal No.72 of 2014, affirming the judgment of conviction and order of sentence dated 28.06.2014, whereby the petitioners have been found guilty and convicted for the offence under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- each, by the court of learned S.D.J.M., Madhupur, in P.C.R Case No.467 of 2007 (Tr. Case No.389 of 2014).

3. At the very outset it has been submitted by the learned counsel for the revisionists that petitioner No.1 namely, Shamsher @ Shamsher Alam, has already surrendered in the court below and as such he is not pressing this interlocutory application on his behalf and so far other revisionists are concerned they are father-in-law, mother-in-law and brother- in-law of the victim. It is a matrimonial dispute between the

husband and wife, but the entire family members have been roped in the case.

4. Learned A.P.P has opposed the prayer.

5. Considering the nature of allegation and the fact that the husband/ revisionist No.1 has already surrendered in the court below, the revisionist Nos.2, 3 and 4 are exempted from surrender in the court below. They are directed to execute personal bond with sureties within 6 weeks on the terms and conditions which the court below thinks fit and proper to impose.

6. I.A. No.6971 of 2021 stands disposed of.

Cr. Revision No.608 of 2021

1. Admit.

2. Issue notice.

3. Call for scanned copy of the lower court record from the court concerned.

(Rajesh Kumar, J.) Chandan/-