Jharkhand High Court
Barju Hansda vs The State Of Jharkhand on 16 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 920 of 2022
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Barju Hansda ...... Petitioner
Versus
1. The State of Jharkhand
2. Hisi Mardi @ Lukhi Mardi ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Vikash Kumar, Advocate
For the State : Mr. Shailesh Kumar Sinha, A.P.P.
For the O. P. No. 2 : Mr. R. C. P. Sah, Advocate
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I.A. No. 7937 of 2022
03/16.11.2022 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant I.A. No. 7937 of 2022 has been filed under
Section 5 of the Limitation Act for condoning the delay of 99 days
in filing the instant Criminal Revision No. 920 of 2022.
3. It has been submitted that the learned counsel for the
petitioner that there is delay of 99 days in filing Criminal Revision
No. 1007 of 2022. It is submitted that the petitioner is a poor
person and after arranging the money, he has preferred the present
Criminal Revision Application, but he could not file the present
Criminal Revision Application within time and as such, delay of
99 days in preferring the instant Criminal Revision Application
may be condoned.
4. On the other hand, learned counsel for the State has
opposed the prayer.
5. No objection has also been raised by the learned counsel
for the opposite party no. 2.
6. Considering the period of custody and in view of the
averments made at para- 4, 5, 6 and 7 of the instant Interlocutory
Application and taking lenient view, the delay of 99 days in
preferring the Criminal Revision No. 920 of 2022 is, hereby,
condoned.
7. I.A. No. 7937 of 2022 is allowed and stands disposed of.
I.A. No. 10317 of 2022
8. The present Criminal Revision No. 920 of 2022 has been
filed on behalf of the petitioner challenging the judgment dated
02.02.2022 passed by the learned Additional Sessions Judge-I,
Seraikella -Kharsawan in Criminal Appeal No. 11 of 2016
whereby learned Additional Sessions Judge-I, Seraikella -
Kharsawan has dismissed the criminal appeal and affirmed the
judgment of conviction and order of sentence dated 19.03.2016
passed by Sri Yogesh Kumar Singh, Additional Chief Judicial
Magistrate, Seraikella in connection with Rajnagar P. S. Case No.
46 of 2012 corresponding to G. R. No. 847 of 2012 [T. R. No. 43
of 2016], by which the petitioner has been convicted for the
offence under Section 498-A of the Indian Penal Code and has
been sentenced to undergo S.I. for a period three (3) years and to
pay the fine of Rs. 10,000/- .
9. The present I.A. No. 10317 of 2022 has been filed on
behalf of the petitioner for grant of bail to the petitioner, during
pendency of the present Criminal Revision.
10. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no.
2.
11. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent. It is further submitted that
the petitioner is the husband. It is submitted that the petitioner is in
custody since 07.09.2022 after dismissal of the Criminal Appeal
and earlier during the trial he was in custody from 31.10.2012 and
has been granted bail by the Co-ordinate Bench of this Court in
B.A. No. 743 of 2013 vide order dated 06.02.2013. It is submitted
that the petitioner is ready for settlement and the matter may be
referred before the DLSA for an amicable settlement and as such,
the petitioner may be enlarged on bail.
12. On the other hand, learned APP has raised no objection.
13. Learned counsel for the Opposite Party No.2 has opposed
the prayer of bail. Learned counsel for the Opposite Party No.2 has
submitted that there is demand of dowry and the petitioner
neglected his wife and presently, she is residing in her Maike.
However, the learned counsel for the opposite party no. 2 also
submitted that the matter may be referred for Mediation between
the parties.
14. Perused the Lower Court Records and considered the
submission on behalf of the parties.
15. It transpires from the F.I.R. that there is demand of
Rs. 60,000/- and one motorcycle. It transpires that the petitioner is
the husband of the opposite party no. 2. It also transpires that the
petitioner is in custody since 07.09.2022 and earlier during the
trial he was in custody from 31.10.2012 to 06.02.2013. It appears
that both the parties are desirous of settlement by way of
Mediation.
16. Considering the facts and circumstances of the case,
during pendency of this Criminal Revision Application, petitioner
- Barju Hansda is directed to be released on provisional bail for a
period of four months from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand only) with two sureties of the like amount
each to the satisfaction of Sri Yogesh Kumar Singh, Additional
Chief Judicial Magistrate, Seraikella or his Successor Court in
connection with Rajnagar P. S. Case No. 46 of 2012 corresponding
to G. R. No. 847 of 2012 [T. R. No. 43 of 2016] subject to
condition that one of the bailors must be own relative of the
petitioner.
17. I.A. No. 10317 of 2022 is allowed and stands disposed of.
Criminal Revision No. 920 of 2022
18. With the consent of both the sides, the matter is referred to
the learned Secretary, DLSA Seraikella-Kharsawan for Mediation
and it will be desirable that both the sides may explore the
possibilities of settlement.
19. Under the circumstances, both the parties i.e. the
petitioner and opposite party no. 2 are directed to appear before
the learned Secretary, DLSA, Seraikella-Kharsawan on
01.12.2022. Thereafter, the learned Secretary, DLSA, Seraikella-
Kharsawan will appoint a Mediator instantly for an amicable
settlement of the dispute between both the sides and the Mediator
shall make an effort for reconciliation between both the sides also.
The learned Secretary, DLSA, Seraikella-Kharsawan shall submit
his report to this Court on or before 06.01.2023.
20. Put up this case on 11.01.2023.
21. Let a copy of this order be handed over to the learned
counsel for the petitioner and to learned counsel for the State and
learned counsel for the opposite party no. 2 and be also sent to the
learned Secretary, DLSA, Seraikella-Kharsawan for the needful.
(Sanjay Prasad, J.)
Kamlesh/
