Awdhesh Kumar Bhuiyan vs The State Of Jharkhand
2022 Latest Caselaw 252 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Revision No. 378 of 2020
                                          ....

              Awdhesh Kumar Bhuiyan                              ....    Petitioner
                                          Versus
              1. The State of Jharkhand
              2. Pulwati Devi                                     .... Opposite Parties
                                          ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner               : Mr. Kalyan Banerjee, Adv.
               For the State                    : Mr. Rajesh Kumar, 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.

....

08/03.02.2022 I.A. No.5161 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 of conviction and order of sentence dated 08.01.2020 passed by the learned Addl. Sessions Judge-VIII, Dhanbad in Criminal Appeal No.155 of 2018, who has affirmed the judgment and order of sentence dated 06.07.2018 passed by the learned S.D.J.M., Dhanbad in connection with C.P. Case No.1834 of 2004 (T.R. No.1611 of 2018), whereby the petitioner has been found guilty for the offence under Section 498A of the Indian Penal Code and sentenced to undergo R.I. for two years with fine of Rs.500/- and in default of payment of fine, he shall further undergo S.I. for one month.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 08.09.2021. It has been further submitted that mere perusal of allegation suggests that the wife has grievance making allegation that the husband has illicit relationship with his Bhabhi. There is allegation of demand of dowry also but the petitioner has neither charged nor convicted under the Dowry Prohibition Act. Having illicit relationship with Bhabhi has not been proved and even it cannot be a ground for conviction under Section 498A of the IPC. On above facts, prayer for suspension of sentence has been made.

Learned counsel for the State has opposed the prayer. In the attending facts and circumstances of the case, 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 S.D.J.M., Dhanbad in connection with C.P. Case No.1834 of 2004.

I.A. No.5161 of 2021 stands disposed of.

(Rajesh Kumar, J.) Shahid/