Dinesh Sharma vs The State Of Jharkhand
2022 Latest Caselaw 826 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Revision No.1631 of 2019
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Dinesh Sharma                               .... .... Petitioner
                              Versus
1. The State of Jharkhand
2. Pooja Devi                               .... .... Opposite Parties
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      CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner                   : Mr. Deepak Kumar, Adv.
For the State                        : Mrs. Nehala Sharmin, A.P.P.
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              rd
09/Dated: 03 March, 2022

      I.A. No.6014 of 2021

1. This interlocutory application has been filed on behalf of the revisionist for suspension of sentence and grants him ad-interim bail, during pendency of the present revision.

2. The instant criminal revision application has been filed against the impugned judgment dated 01.10.2019 passed by the learned Additional Sessions Judge-IV, Koderma in Criminal Appeal No.31 of 2019 whereby and whereunder the appeal has been rejected by affirming the judgment dated 05.02.2019 passed by the learned Judicial Magistrate, 1st Class, Koderma in Chandwara P.S. Case No.77 of 2013 corresponding to G.R. No.942 of 2013 (T.R. No.305 of 2019) by which the revisionist has been found guilty for the offence under Section 498(A) of the Indian Penal Code and sentenced to undergo Simple Imprisonment for two years and fine of Rs.5,000/- and in default of payment of fine further sentenced to undergo Simple Imprisonment for three months. Further, the revisionist has been found guilty for the offence under Section 4 of the Dowry Prohibition Act and sentenced to undergo Simple Imprisonment for one year and a fine of Rs.5,000/-, in default of payment of the fine further sentenced to undergo Simple Imprisonment for three months.

3. It has been submitted by the learned counsel for the revisionist that the father and the mother-in-law as well as the husband have been convicted for the offence under Section 498(A) of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act by the trial court. The appellate court has set aside the order of conviction of both in-laws and also acquitted the revisionist/husband from the charge of Section 4 of the Dowry Prohibition Act. The revisionist has been convicted for the offence under Section 498(A) of the Indian Penal Code only on the consideration that he is going to solemnized second marriage. He has remained in custody for more than a year.

4. Learned counsel for the State has opposed the prayer for bail.

5. Considering the above facts, this Court is inclined to suspend the sentence of the revisionist and enlarge him 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 the learned Judicial Magistrate, 1st Class, Koderma in Chandwara P.S. Case No.77 of 2013 corresponding to G.R. No.942 of 2013 (T.R. No.305 of 2019), subject to the condition that the revisionist will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

6. In the result, I.A. No.6014 of 2021 is, hereby, allowed.

(Rajesh Kumar, J.)

Amar/-