Lalmani Mishra vs The State Of Jharkhand
2022 Latest Caselaw 250 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.381 of 2021

     Lalmani Mishra                            ......       Petitioner

                             Versus
     The State of Jharkhand                    .....    Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Ms. Priya Shrestha, Spl. 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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06/Dated: 03        February, 2022

I.A. No.6041 of 2021

1. The present interlocutory application has been filed for suspension of sentence and grant of bail to the petitioner, during the pendency of the revision application.

2. This revision application has been filed against the judgment dated 03.04.2021, passed by the court of learned Additional Sessions Judge - VI, Deoghar, in Criminal Appeal No.51 of 2017, affirming the judgment of conviction and order of sentence dated 10.07.2017, whereby the petitioner has been found guilty and convicted for the offence under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.2,000/- on each count with default clause, by the court of learned S.D.J.M., Deoghar, in G.R. Case No.616 of 1919, arising out of Deoghar P.S. Case No.204 of 1999.

3. It has been submitted by the learned counsel for the revisionist that for the same set of evidence, earlier six family members were punished by the trial court while the appellate court has acquitted all the other family members except the present revisionist in the appeal. It has further been submitted that the revisionist is in custody since 18.09.2021.

4. Learned counsel for the State has opposed the prayer.

5. In the attending facts and circumstances of the case, I am inclined to suspend the sentence and enlarge the petitioner on bail, during the pendency of the revision application, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Deoghar, in connection with G.R. Case No.616 of 1999, arising out of Deoghar P.S. Case No.204 of 1999.

6. I.A. No.6041 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-