Rajendra Prasad Mehta @ Rajendra ... vs The State Of Jharkhand
2022 Latest Caselaw 2310 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Rev. No. 220 of 2020
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1. Rajendra Prasad Mehta @ Rajendra Mahto

2. Kishore Kumar Mehta @ Ram Kishore Mahto ......

Petitioners Versus The State of Jharkhand ...... Opp. Party

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the petitioner : Mr. Manoj Tandon, Advocate Mr. Awanish Ranjan Mishra, Advocate Mr. Kumar Saurav, Advocate For the State : Mrs. Snehlika Bhagat, A.P.P.

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I.A. No. 4359 of 2022

11/28.06.2022 Heard learned counsel for the petitioners and learned APP for the State.

2. The present I.A. No. 4359 of 2022 has been filed by the petitioners for bail during pendency of the present Criminal Revision.

3. The Criminal Revision No. 220 of 2020 has been filed by the petitioners challenging the judgment dated 23.12.2019 passed in Criminal Appeal No. 22 of 2011 by the learned Additional Sessions Judge-II, Hazaribag by dismissing the Criminal Appeal No. 22 of 2011 filed by the petitioners and affirmed the judgment of conviction and order of sentence dated 01.02.2011 passed by Sri Santosh Kumar No. -1, Judicial Magistrate-1st Class, Hazaribag in connection with G. R. No. 1008 of 2005 corresponding to T.R. No. 133 of 2011 convicting the petitioners under Sections 435/34 of the Indian Penal Code and sentenced them to undergo R.I. for a period of two(2) years each and to pay fine of Rs. 500/- each and in default of payment of fine, they have further been sentenced to undergo R.I. for a period of three months each.

4. It is alleged that on 15/04/2005 at 11.00 P.M. when the informant came to his house from Durga Temple and took the water and went to the field near his Khalihan and at that time all three accused persons including the petitioners came and put his tractor on fire and thereafter they further put fire at seven tractors khesari which were laying beneath the tractor.

5. It is submitted that the judgment and order passed by the learned Court below are not sustainable. It is submitted that the petitioners have given contradictory statement. It is submitted that the petitioners are in custody since 08.05.2022 and hence, they may be enlarged on bail.

6. On the other hand, learned counsel for the State has opposed the bail and has submitted that the petitioner have been arrested after the direction passed by this Court and as such, prayer for bail is fit to be rejected.

7. Perused the Lower Court records and considered the submissions of both the sides.

8. It transpires that the petitioners have been convicted under Sections 435/34 of the Indian Penal Code and sentenced to undergo R.I. for a period of two(2) years each. It appears that there is previous disputes between both the parties.

9. Considering the facts and circumstances of the case, during pendency of this Criminal Revision, the petitioners namely Rajendra Prasad Mehta @ Rajendra Mahto and Kishore Kumar Mehta @ Ram Kishore Mahto 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 Sri Santosh Kumar No. -I, Judicial Magistrate, 1st Class, Hazaribag or his successor Court in connection with G. R. No. 1008 of 2005 corresponding to T.R. No. 133 of 2011.

10. Accordingly, I.A. No. 4359 of 2022 stands disposed of.

Cr. Revision No. 220 of 2020 Admit.

Issue notice to opposite party no. 2 under registered cover with A/D and ordinary process and for which requisites etc. must be filed within two weeks from today.

Lower Court Records have already been received. Put up this case after six months.

(Sanjay Prasad, J.) Kamlesh/