Jharkhand High Court
Matin Ansari vs The State Of Jharkhand on 19 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 585 of 2019
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Matin Ansari .... 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 Petitioners : Md. Asadul Haque, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
For the Informant : Mr. Om Prakash, Advocate
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I.A No. 3646 of 2022
10/19.10.2022 The present Criminal Revision No. 585 of 2019 has been
filed on behalf of the petitioner challenging the judgment dated
02.04.2019 passed by the learned Sessions Judge, Pakur in
Criminal Appeal No. 28 of 2017 whereby learned Sessions Judge,
Pakur has dismissed the appeal with modification and affirmed the
judgment of conviction and order of sentence dated 11.09.2017
passed by Sri. Rakesh Ranjan, Judicial Magistrate, 1st Class,
Pakur in Hiranpur P. S. Case No. 71 of 2013 corresponding to
G. R. No. 530 of 2013 [T. R. No. 292 of 2017] by which learned
Sessions Judge, Pakur had directed that the sentence passed by the
learned Trial Court under Section 498-A of the Indian Penal Code
and under Section 4 of the Dowry Prohibition Act are set aside and
the case record is remanded back to the Court of Sri. Rakesh
Ranjan, Judicial Magistrate, 1st Class, Pakur with a direction to
call for a report from the Probation Officer to consider the
character of accused/appellant and thereafter to pass the sentences
against him according to provision of law. Although vide order
dated 11.09.2017 passed by Sri. Rakesh Ranjan, Judicial
Magistrate, 1st Class, Pakur, the petitioner has been convicted for
the offences under Section 498-A of the Indian Penal Code and
under Section 4 of the Dowry Prohibition Act and has been
sentenced to undergo R.I. for a period two(2) years under Section
498-A of the Indian Penal Code and pay the fine of Rs. 1,000/-
and has been sentenced to undergo R.I. for a period one(1) year
under Section 4 of the Dowry Prohibition Act and pay the fine of
Rs. 1,000/- in connection with Hiranpur P. S. Case No. 71 of 2013
corresponding to G. R. No. 530 of 2013 [T. R. No. 292 of 2017].
2. The present I.A No. 3646 of 2022 has been filed on behalf
of the petitioner for grant of bail to the petitioner, during pendency
of the present Criminal Revision on the ground of compromise
between both the sides.
3. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no.
2.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent. It is further submitted that
both the sides have settled their disputes outside the Court and
they have filed a Joint Compromise Petition before this Court. It is
submitted that the petitioner is in custody since 16.01.2022 and as
such, the petitioner may be enlarged on bail.
5. On the other hand, learned APP has raised no objection.
6. Learned counsel for the Opposite Party No.2 has also
raised no objection to the said prayer of bail. Learned counsel for
the Opposite Party No.2 has admitted the factum of compromise
between both the sides and submitted that the opposite party no. 2
-Tanjila Bibi is also present in the Court today.
7. Perused the I.A No. 3646 of 2022 and considered the
submission on behalf of the parties.
8. Today the opposite party no. 2 -Tanjila Bibi is present in
the Court.
9. It appears that case has been compromised between both
the sides.
10. Considering the facts and circumstances of the case and
considering the fact that the matter has been compromised
between both the sides, during pendency of this Criminal Revision
Application, petitioner - Matin Ansari 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 Rakesh
Ranjan, learned Judicial Magistrate, 1st Class, Pakur or his
Successor Court in connection with Hiranpur P. S. Case No. 71 of
2013 corresponding to G. R. No. 530 of 2013 [T. R. No. 292 of
2017] subject to condition that one of the bailors must be own
relative of the petitioner.
I.A No. 3646 of 2022 is allowed and stands disposed of.
I.A No. 8596 of 2022 also stands disposed of.
Put up this case on 10.01.2023.
(Sanjay Prasad, J.)
Kamlesh/
