Jharkhand High Court
Alaudin Ansari @ Tetu vs The State Of Jharkhand on 14 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.742 of 2019
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Alaudin Ansari @ Tetu ... Petitioner
-Versus-
1. The State of Jharkhand
2. Rabina Bibi ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Md. Sahid Yunus, Advocate
For the State : Mr. Suraj Munda, A.P.P.
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Order No.12 Dated 14th November, 2022
I.A No.7918 of 2019
Heard Md. Sahid Yunus, learned counsel for the petitioner and Mr.
Mr. Suraj Munda, learned counsel for the State.
2. The present interlocutory application being I.A No.7918 of 2022
has been filed under Section 5 of the Limitation Act on behalf of
petitioner for condoning the delay of 304 days in preferring the instant
Criminal Revision Application.
3. It is submitted by the learned counsel for the petitioner that the
petitioner is a poor person and he could not arrange the money for filing
this Criminal Revision Application within time after dismissal of the
Criminal Appeal. It is further submitted that the petitioner is in custody
since 07.03.2022 and as such, the delay of 324 days in preferring the
instant Criminal Revision Application may be condoned.
4. Learned counsel for the State has raised no objection and has
submitted that the petitioner has not surrendered in the learned Court
below for a long period.
5. Having gone through the averments made in this Interlocutory
Application and having considered the submission of the learned counsel
for the parties and considering the period of custody of the petitioner, the
delay of 304 days in preferring the instant Criminal Revision Application
is hereby, condoned.
6. Thus, I.A No.7918 of 2019 is allowed and accordingly, disposed
of.
I.A. No.10286 of 2022
7. It appears that despite sending the notice to the Opposite Party
No.2 vide order dated 26.09.2022, the O.P No.2 has not appeared on
18.10.2022 and even today i.e, on 14.11.2022, nobody appears on behalf
of the O.P No.2.
8. The present interlocutory application being I.A No.10286 of
2022 has been filed on behalf of the petitioner for grant of bail to
the petitioner, during the pendency of the instant Criminal
Application.
9. The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
21.05.2018 passed in Criminal Appeal No.26 of 2016 by the learned
Additional Session Judge-IV, Deoghar, by which, the said criminal
appeal has been dismissed by the learned Additional Sessions Judge-
IV, Deoghar by affirming the order dated 03.03.2016 passed by Sub-
Divisional Judicial Magistrate, Madhupur in connection with
Madhupur P.S Case No.32/2012 arising out of G.R Case No.82 of
2012, corresponding to T.R No.431 of 2016, by which, the petitioner
has been convicted for the offence under Section 498A of the Indian
penal Code and has been sentenced to undergo Rigorous
Imprisonment for a period of two (02) years and to pay fine of
Rs.5,000/- and in default of payment of fine, he has further been
sentenced to undergo Simple Imprisonment for a period of 04
months.
10. It is further submitted that the judgment and orders passed by
the learned Court below are not sustainable in the eyes of law. It is
submitted by the learned counsel for the petitioner that the petitioner
is the husband of the Informant namely, Rabina Khatoon (i.e, O.P
No.2). It is further submitted that the petitioner is in custody since
07.03.2022 and hence, he may be enlarged on bail.
11 On other hand, learned counsel for the State has opposed the prayer
for bail.
12. Perused the records of this case and I.A No.10286 of 2022 and also
considered the submissions of both the sides.
13. It transpires that the the petitioner is the husband of the
Informant namely, Rabina Khatoon (i.e, O.P No.2) and he is in
custody since 07.03.2022.
14. Considering the facts and in the circumstances of this case,
during pendency of this Criminal Revision, the petitioner namely,
Alaudin Ansari @ Tetu, is directed to be released on provisional bail
for a period of four months on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned Sub-Divisional, Judicial Magistrate,
Madhupur in connection with Madhupur P.S Case No.32/2012
arising out of G.R Case No.82 of 2012, corresponding to T.R No.431
of 2016, subject to the condition that one of the bailors must be own
relative of the petitioner,.
15. Accordingly, I.A No.10286 of 2022 is allowed and stands disposed
of.
Criminal Revision No.742 of 2019
16. Lower Court Records has been received.
17. Let fresh notice be issued upon the Opposite Party No.2 by both
process i.e, registered cover with A/D as well as under ordinary
process and for which, requisites etc., must be filed within a period of
two weeks, by way of last chance.
18. Accordingly, put up this case on 10.01.2023.
(Sanjay Prasad, J.)
Raja/
