Jharkhand High Court
Niwas Bhandari vs The State Of Jharkhand on 12 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 502 of 2022
....
Niwas Bhandari ...... Petitioner
Versus
1. The State of Jharkhand
2. Balram Napit ...... Opp. Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Mr. Aashish Kumar, Advocate
For the State : Mrs. Anuradha Sahay, A. P. P.
......
I.A. No.8385 of 2022
06/12.10.2022 Perused the report of the Secretary, District Legal Services
Authority, Jamtara, vide Letter No. 2393 of 2022 dated
01.09.2022.
2. It transpires that the family members of the deceased have
already received Rs. 3,60,000/- as compensation in MACT Case
by District Court, Asansol (West Bengal).
3. Heard learned counsel for the petitioner and learned
counsel for State.
4. The present Criminal Revision No. 502 of 2022 has been
filed on behalf of the petitioner challenging the judgment dated
31.03.2022 passed in Criminal Appeal No. 12 of 2021 by the
learned Sessions Judge, Jamtara whereby learned Sessions Judge,
Jamtara has dismissed Criminal Appeal No. 12 of 2021 and
affirmed the judgement of conviction and order of sentence dated
26.08.2021 passed by Sri Arvind Kumar, Judicial Magistrate, 1st
Class, Jamtara in connection with Mihijam P. S. Case No. 19 of
2016 corresponding to G. R. No. 371 of 2016 (T.R. No. 627 of
2021) whereby the petitioner has been convicted for the offences
under Sections 279 and 304-A of the Indian Penal Code and has
been sentenced to undergo S. I. for a period of six(6) months for
the offence under Section 279 of the Indian Penal Code and has
been sentenced to undergo S. I. for a period of two (2) years and
to pay the fine of Rs. 5,000/- for the offence under Section 304-A
of the Indian Penal Code and in default of payment of fine, he has
further been sentenced to undergo S.I. for a period of one (1)
month.
All the sentences have been directed to run concurrently.
5. I.A. No. 8385 of 2022 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
Criminal Revision Application.
6. It is submitted by the learned counsel for the petitioner
that the judgments and order passed by the learned Court below
are not sustainable in law. It is submitted that the petitioner is the
Driver of the Bus. It is submitted by the learned counsel for the
petitioner that the deceased, who was sitting on the roof of the bus,
died due to electrocution. It is submitted that there is no allegation
against the driver of the bus to send the deceased on the roof of the
bus, rather the conductor had sent the deceased passenger on the
roof and this petitioner had not sent the deceased on the roof of the
bus. It is submitted that none of passengers and seizure witnesses
have been examined before the learned Court below. It is
submitted that P.W.-1, Manzur Ali has also turned hostile. It is
submitted that petitioner has surrendered on 27.07.2022 in the
learned Court below and as such, the petitioner may be enlarged
on bail.
7. Learned counsel for the State has opposed the prayer for
bail.
8. Perused the records and considered the submission of both
the sides.
9. It transpires that the petitioner is not named in the F.I.R.,
rather driver is named in the FIR and the police has submitted
charge-sheet on the basis of the statement of Bus Owner. It also
transpires from the report of the Secretary, District Legal Services
Authority, Jamtara, vide Letter No. 2393 of 2022 dated 01.09.2022
that the family members of the deceased have received
Rs. 3,60,000/- as compensation in MACT Case by District Court,
Asansol (West Bengal). It also transpires that the petitioner is in
custody since 27.07.2022.
10. Considering the facts and circumstances of the case,
during pendency of this Criminal Revision Application, the
petitioner namely Niwas Bhandari is directed to be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only)
with two sureties of the like amount each to the satisfaction of Sri
Arvind Kumar, learned Judicial Magistrate, 1st Class, Jamtara or
his Successor Court in connection with Mihijam P. S. Case No. 19
of 2016 corresponding to G. R. No. 371 of 2016 (T.R. No. 627 of
2021) subject to the condition that one of the bailors must be the
relative of the petitioner and the petitioner shall file Undertaking
to remain present at the time of final hearing of this Criminal
Revision Application, otherwise, the bail of the petitioner may be
cancelled.
11. I.A. No. 8385 of 2022 is allowed and stands disposed of.
Cr. Revision No. 502 of 2022
Admit.
Lower Court Records have already been received.
Put up this case under the heading of "For Hearing" in the
month of July, 2023.
(Sanjay Prasad, J.)
Kamlesh/
