Jharkhand High Court
Brahm Deo Yadav vs The State Of Jharkhand on 9 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.116 of 2022
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1. Brahm Deo Yadav
2. Ram Deo Yadav
3. Dhram Raj Yadav ... Petitioners
-Versus-
1. The State of Jharkhand
2. Mohan Yadav ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Ranjan Kumar Singh, Advocate
For the State : Mr. Prabir Kumar Chatterjee, Special.P.P.
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Order No.06 Dated 09th June, 2022
Heard Mr. Ranjan Kumar Singh, learned counsel for the
petitioners and Mr. Mr. Prabir Kumar Chatterjee, learned counsel for the
State.
I.A No.1338 of 2022
The present interlocutory application being I.A No.1338 of
2022 has been filed by the petitioners for suspension of sentence and
grant of bail during the pendency of this Criminal Revision.
2. The present Criminal Revision Application has been filed on
behalf of the petitioners challenging the judgment dated 15.02.2018
passed by the learned Sessions Judge, Sahibganj in Criminal Appeal
No.34 of 2016, by which, the learned Sessions Judge has dismissed
the criminal appeal by affirming the judgment of conviction and
order of sentence dated 04.06.2016 passed by the learned Chief
Judicial Magistrate, Sahibganj in P.C.R Case No.224 of 2010 by
which, the petitioners have been convicted and have been sentenced
to undergo Simple Imprisonment for a period of one (01) year each
for the offence under Section 323 of the Indian Penal Code and
further sentenced to undergo Simple Imprisonment for a period of
two (02) years for the offence under Section 379 of the Indian Penal
Code.
3. It is submitted by the learned counsel for the petitioners that
the petitioners are innocent. It is further submitted that the judgment
of conviction and order of sentence dated 04.06.2016 passed by the
learned Court below are not sustainable in the eyes of law. It is
further submitted that statement of the witness showing the
allegation of threatening by pistol to the complainat as well as family
members and for committing theft of Jewellery are false and
concocted. It is further submitted that the petitioner Nos.1 and 2 are
in custody since 25.12.2021 and the petitioner Nos.3 is in custody
since 08.01.2022and due to previous land of the dispute the case has
been instituted and hence, they may be enlarged on bail.
4. On the other hand, learned counsel for the State has opposed
the bail and has submitted that there is a concurrent finding of facts
by which the petitioners were convicted by the learned court below
and which have been affirmed in Criminal Appeal filed on behalf of
the petitioners. It is further submitted that the witnesses have
supported the allegation against these petitioners.
5. Perused the Lower Court Records and considered the
submissions of the parties.
6. It transpires that there is a Title Suit between both the sides and
both the sides were on previous litigation, which would appear from
the complaint case itself. It appears that there is general and
omnibus allegation for committing the theft of articles. It also
appears that he petitioner No.1 is alleged to have pointed out the
pistol at the brother of the complainant.
7. Considering the period of custody of the petitioners and on the
facts and in the circumstances of this case, the petitioners namely,
Brahm Deo Yadav, Ram Deo Yadav & Dhram Raj Yadav, are
directed to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned C.J.M, Sahibganj in connection
with P.C.R Case No.224 of 2010.
8. Accordingly, the I.A No.1338 of 2022 stands allowed and is
accordingly, disposed of.
Criminal Revision No.116 of 2022
9. Admit.
10. Lower Court Record has already been received.
11. Let a fresh notice be issued upon the Opposite Party No.2 by
registered cover with A/D as well as under ordinary process and for
which, requisites etc., must be filed within a period of two weeks
from today.
12. Accordingly, put up this case after six weeks.
(Sanjay Prasad, J.)
Raja/-
