Jharkhand High Court
Anil Kumar Singh vs The State Of Jharkhand on 10 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.400 of 2020
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Anil Kumar Singh ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Suraj Singh, Advocate
For the State : Mrs. Vandana Bharti, A.P.P.
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Order No.10 Dated 10th June 2022
I.A No.3733 of 2022
The present Interlocutory Application being I.A No.3733 of 2022
has been filed by the petitioner for suspension of sentence and grant of
bail to the petitioner during pendency of the present Criminal Revision.
2. The present Criminal Revision Application has been filed for
setting aside the judgment dated 15.02.2020 passed in Criminal Appeal
No.43 of 2018 by the learned Sessions Judge, Dumka whereby, the said
criminal appeal has been dismissed affirming the judgment of conviction
dated 04.09.2018 passed in Dumka Town P.S. Case No.269 of 2013,
corresponding to G.R Case No.1874 of 2013, T.R Case No.886 of 2018
by the learned Chief Judicial Magistrate, Dumka by which, the petitioner
has been convicted for the offence under Sections 324 & 325 of the
Indian Penal Code and has been sentenced to undergo Rigorous
Imprisonment for a period of two (02) years for the offence under Section
324 of the Indian Penal Code and has further been sentenced him to
undergo Rigorous Imprisonment for a period of two (02) years and to
pay a fine of Rs.500/- and in default of payment of fine, the petitioner
has further been sentenced to undergo Simple Imprisonment for a period
of one month for the offence under Section 325 of the Indian Penal Code.
3. It has been submitted that the petitioner is innocent. It is further
submitted that the judgment passed by the learned Courts below are not
sustainable in the eyes of law. It is further submitted that the witnesses
have given contradictory statement during their evidences. It is further
submitted that the informant has died on 21.08.2022 and in support of
the same, the death certificate which has been issued by Government of
Jharkhand, Nagar Parishad on 07.09.2020 has been filed. It is further
submitted that the petitioner is in custody since 23.02.2022 and hence,
he may be enlarged on bail.
4. On the other hand, learned counsel for the State has opposed the
bail and has submitted that the petitioner had assaulted the informant
causing him grievous injury. It is further submitted that the several
witnesses have supported the allegation against this petitioner including
P.W.4 who is the son of the Informant.
5. Perused the L.C.R and Interlocutory Application No.3733 of 2022
and also considered the submission on behalf of the parties.
6. It transpires from the injury report that the injury found on the
forehead of the Informant is simple in nature whereas, the injury no.2
was found in his right shoulder which is said to be grievous in nature.
7. Considering the facts and in the circumstances of this case during
pendency of this Criminal Revision, the petitioner namely, Anil Kumar
Singh, is directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate, Dumka in
connection with Dumka Town P.S Case No.269 of 2013, corresponding
to G.R Case No.1874 of 2013 (T.R No.886 of 2018), subject to the
condition that one of the bailors must be close/own relative of the
petitioner.
8. Accordingly, I.A. No.3733 of 2022 stands allowed and is
accordingly disposed of.
Criminal Revision No.400 of 2020
9. Admit.
10. Issue notice.
11. Put up this case after six months.
(Sanjay Prasad, J.)
Raja/-
