Balbir Singh vs The State Of Jharkhand
2022 Latest Caselaw 251 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Revision No. 289 of 2019
                                          ....

              Balbir Singh                                       ....    Petitioner
                                          Versus
              The State of Jharkhand                              .... Opposite Party
                                          ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner              : Mr. Indrajit Sinha, Adv.
                                                 Mr. Shishir Suman, Adv.
               For the State                   : Mr. Manoj Mishra, APP
                                               ....

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

....

09/03.02.2022 I.A. No.5574 of 2021 The present interlocutory application has been filed on behalf of the petitioner for suspension of sentence, during pendency of the instant criminal revision petition.

The instant criminal revision has been filed against the judgment dated 29.01.2019 passed by the learned Addl. Sessions Judge-I, Jamshedpur in Criminal Appeal No.69 of 2014, who has affirmed the judgment and order of sentence dated 04.03.2014 passed by the learned J.M., 1st Class, Jamshedpur in C-1 Case No.753 of 2003 corresponding to T.R. No.800A of 2014, whereby the petitioner has been convicted for the offence under Sections 323 and 498A of the Indian Penal Code and sentenced to undergo R.I. for two years for the offence under Section 498A of the IPC with fine of Rs.500/- and in default of payment of fine, further to undergo S.I. for 15 days.

It has been submitted by learned counsel for the petitioner that the marriage has taken place on 02.05.1997 and divorce has taken place on 30.06.2011. The complaint petition has been filed in the year 2003 while they were residing separately since year 2000. All the other co-accused has been acquitted on the same set of evidence. The petitioner is in custody since 21.09.2021. On above facts, prayer for suspension of sentence has been made.

Learned counsel for the State has opposed the prayer. Considering the materials available on record, I am inclined to suspend the sentence of this petitioner. Accordingly the petitioner is directed to be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Jamshedpur in connection with C-1 Case No.753 of 2003 corresponding to T.R. No.800A of 2014.

I.A. No.5574 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/