Jharkhand High Court
Simanta Bhakat vs The State Of Jharkhand on 11 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 536 of 2022
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Simanta Bhakat ...... Petitioner
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. Abhishek Singh, Advocate
For the State : Mrs. Kumari Rashmi. P.P.
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I. A. No. 10101 of 2022
05/11.11.2022 The present Criminal Revision No. 536 of 2022 has been filed
on behalf of the petitioner challenging the judgment dated 31.03.2022
passed by the learned Additional Sessions Judge-I, Ghatshila in
Criminal Appeal No. 31 of 2021 whereby learned Additional Sessions
Judge-I, Ghatshila has dismissed the appeal and affirmed the judgment
of conviction and order of sentence dated 15.06.2019 passed by Sri.
Mukulesh Chandra Narain, Additional Chief Judicial Magistrate,
Ghatshila, East Singhbhum in connection with Jadugora P. S. Case No.
21 of 2017 corresponding to G. R. No. 205 of 2017 by which the
petitioner has been convicted for the offence under Section 392 of the
Indian Penal Code and has been sentenced to undergo R.I. for a period
seven (7) years under Section 392 of the Indian Penal Code and to pay
the fine of Rs. 5,000/-.
2. Heard learned counsel for the petitioner and learned APP for
the State.
3. The I.A. No. 10101 of 2022 has been filed on behalf of the
petitioner for bail during pendency of the present Criminal Revision.
4. It is submitted by the learned counsel for the petitioner that
the petitioner is innocent. It is submitted that the judgments and order
passed by the learned Court below are not sustainable in the eye of law.
It is submitted that the petitioner is not named in the FIR. It is
submitted that Investigating Officer has not taken the statement of eye
witness namely Tara Pada Bhadro. It is submitted that all the four
accused persons including this petitioner have been identified by the
informant during the T. I. Parade, however, nothing has been recovered
from the possession of this petitioner. It is submitted that the co-
accused namely Bhubneshwar Patra in Cr. Revision No. 1451 of 2019
vide order dated 10.12.2020 and co-accused Bishnu Pada Bhakat in
I.A. No. 1014 of 2020 (Cr. Revision No. 1470 of 2019) vide order
dated 09.07.2020 and co-accused Panchanan Patra @ Suraj in I.A. No.
4975 of 2020 (Cr. Revision No. 666 of 2020) vide order dated
22.06.2021 respectively have been granted bail by the Co-ordinate
Bench of this Court. It is submitted that the petitioner is in custody
since 13.09.2017 i.e. for more than five years and as such, he may be
enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail. It is submitted that though the petitioner is not named in the
F.I.R., but he along with other co-accused have been identified in the
T.I. Parade by the informant and as such, prayer for bail is fit to be
rejected.
6. Perused the Lower Court records and the order passed by the
Co-ordinate Bench of this Court and considered the submissions of
both the sides.
7. It transpires that sum of Rs. 54,094/- of the informant was
looted by some unknown miscreants, which was collected by the
informant from the poor villagers. However, it would appear that the
other co-accused persons including this petitioner were arrested on
13.09.2017 and they were also identified by the informant in T. I.
Parade, however, nothing has been recovered from the possession of
this petitioner.
8. It transpires that the co-accused namely Bhubneshwar Patra
in Cr. Revision No. 1451 of 2019 vide order dated 10.12.2020 and co-
accused namely Bishnu Pada Bhakat in I.A. No. 1014 of 2020 (Cr.
Revision No. 1470 of 2019) vide order dated 09.07.2020 and co-
accused namely Panchanan Patra @ Suraj in I.A. No. 4975 of 2020
(Cr. Revision No. 666 of 2020) vide order dated 22.06.2021
respectively have been granted bail by the Co-ordinate Bench of this
Court.
9. Considering the period of custody and considering the facts
and circumstances of the case and also considering the fact that three
other co-accused have been granted bail by the Co-ordinate Bench of
this Court, during pendency of this Criminal Revision, the petitioner
namely Simanta Bhakat 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 Sri. Mukulesh Chandra
Narain, Additional Chief Judicial Magistrate, Ghatshila, East
Singhbhum or his Successor Court in connection with Jadugora P. S.
Case No. 21 of 2017 corresponding to G. R. No. 205 of 2017, subject
to the condition that one of the bailor must be own relative of the
petitioner and he will remain present at the time of final hearing.
10. Accordingly, I.A. No. 10101 of 2022 is allowed and stands
disposed of.
Cr. Revision No. 536 of 2022
11. Admit.
12. Issue notice.
13. Lower Court Records have already been received.
14. Put up this case in the month of November, 2023 under the
heading for hearing.
(Sanjay Prasad, J.)
Kamlesh/
