Jharkhand High Court
Nityanand Tiwari vs The State Of Jharkhand on 10 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 753 of 2019
....
1. Nityanand Tiwari
2. Dinesh Tiwari
3. Ravikant Tiwari
4. Rajendra Tiwari ...... Appellants
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Sheo Kumar Singh, Advocate
For the State : Mrs. Nehala Sharmin, A.P.P.
.....
I.A. No. 3748 of 2022
10/10.05.2022 Heard learned counsel for the appellants and learned
APP for the State.
2. The present Interlocutory Application No. 3748 of 2022
has been filed by the appellant no. 1 to 3 namely Nityanand
Tiwari, Dinesh Tiwari and Ravikant Tiwari respectively for
suspension of sentence and for grant of bail during pendency of
the present Criminal Appeal.
3. The present Criminal Appeal has been filed on behalf of
the appellants challenging the judgment of conviction and order
of sentence dated 27.05.2019 passed by learned Additional
Sessions Judge-I, Garhwa in S. T. No. 325 of 2008
corresponding to G. R. No. 763 of 2007 arising out of Manjhiaon
P. S. Case No. 116 of 2007 whereby the appellants have been
convicted for the offence under Sections 147/341/323 of the
Indian Penal Code and the appellant no. 1 to 3 namely
Nityanand Tiwari, Dinesh Tiwari and Ravikant Tiwari
respectively have been sentenced to undergo R.I. for a period of
six (6) months each and to pay fine of Rs. 10,000/- each and in
default of payment of fine, they have been further sentenced to
undergo R.I. for two (2) months, R.I. for a period of one (1)
month each and R. I. for six(6) months each for the under
Sections 147, 341 and 323 of the Indian Penal Code respectively
and the appellant no. 4, Rajendra Tiwari has been awarded only
fine amounting to Rs. 10,000/- and in default of making
payment of fine, he shall undergo S. I. for a period of two(2)
months.
4. It has been submitted by the learned counsel for the
appellants that due to not giving proper advice, the appellants
could not file necessary petition for confirming the provisional
bail granted by the learned Court below. However, they have
been surrendered pursuant to the order passed by this Court on
29.03.2022 and the appellant no. 1 Nityanand Tiwari has
surrendered on 24.04.2022 and the appellant nos. 2 and 3
Dinesh Tiwari and Ravikant Tiwari have surrendered on
25.04.2022 and as such, they may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the prayer for bail. It is submitted that appellant no. 1 to
3 namely Nityanand Tiwari, Dinesh Tiwari and Ravikant Tiwari
respectively have absconded for about two years and they have
surrendered in view of the order passed by this Court on
24.04.2022 and hence, their prayer for bail is fit to be rejected.
6. Perused the Lower Court Records and considered the
submissions of learned counsel for both the sides.
7. It transpires from the Lower Court below that all the
appellants were convicted for the offence under Sections
147/341/323 of the Indian Penal Code vide judgment of
conviction and order of sentence dated 27.05.2019 passed by
learned Additional Sessions Judge-I, Garhwa in S. T. No. 325 of
2008 corresponding to G. R. No. 763 of 2007 arising out of
Manjhiaon P. S. Case No. 116 of 2007 and the appellant no. 1 to
3 namely Nityanand Tiwari, Dinesh Tiwari and Ravikant Tiwari
respectively have been sentenced to undergo R.I. for a period of
six (6) months each and to pay fine of Rs. 10,000/- each and in
default of payment of fine, they have been further sentenced to
undergo R.I. for two (2) months, R.I. for a period of one (1)
month each and R. I. for six(6) months each for the under
Sections 147, 341 and 323 of the Indian Penal Code respectively
and the appellant no. 4, Rajendra Tiwari has been awarded only
fine amounting to Rs. 10,000/- and in default of making
payment of fine, he shall undergo S. I. for a period of two(2)
months.
8. It transpires from vide order dated 04.11.2020 passed
by the Co-ordinate Bench of this Court that the appellant no. 4,
Rajendra Tiwari was exempted from surrender before the
learned Court below.
So far as the appellant no. 1 to 3 namely Nityanand
Tiwari, Dinesh Tiwari and Ravikant Tiwari respectively are
concerned, they have been granted provisional bail on
27.05.2019 itself, but no petition for confirmation of provisional
bail has been filed till 29.03.2022, although Cr. Appeal (S.J.)
No. 753 of 2019 has been filed on 11.07.2019. It further
transpires that pursuant to the order passed by this Court on
29.03.2022, the appellant no. 1 Nityanand Tiwari has
surrendered on 24.04.2022 and the appellant nos. 2 and 3
Dinesh Tiwari and Ravikant Tiwari have surrendered on
25.04.2022.
9. Considering the nature of sentence, during pendency of
this Criminal Appeal, the appellant no. 1 to 3 namely Nityanand
Tiwari, Dinesh Tiwari and Ravikant Tiwari respectively 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 Additional
Sessions Judge-I, Garhwa in S. T. No. 325 of 2008
corresponding to G. R. No. 763 of 2007 arising out of Manjhiaon
P. S. Case No. 116 of 2007.
10. The appellant no. 1 to 3 namely Nityanand Tiwari,
Dinesh Tiwari and Ravikant Tiwari respectively shall deposit
Rs. 5,000/- each in the learned Court below.
11. Accordingly, I.A. No. 3748 of 2022 stands allowed and
disposed of.
(Sanjay Prasad, J.)
Kamlesh/
