Jharkhand High Court
Rajeshwar Singh vs The State Of Jharkhand on 12 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2288 of 2020
with
I.A. No. 8130 of 2022
Rajeshwar Singh ..... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Saurabh Shekhar, Advocate.
: Mr. Rishi Raj Verma, Advocate.
For the State : Mr. P.C. Sinha, A.C. to G.A.-III.
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09/ 12.09.2022 Heard learned counsel for the petitioner and learned counsel
for the State.
2. This petition has been filed for quashing of the order dated
09.01.2019, passed in Misc. Cri. Application No. 141 of 2018 by the
learned Principal District and Sessions Judge, Lohardaga, in Criminal
Appeal No. 65 of 2018, whereby the prayer for bail of the petitioner has
been rejected.
3. On the basis of the written report of the Executive Engineer,
Rural Development Special Division, Lohardaga, the officer-in-charge of
Lohardaga Sadar P.S. registered Lohardaga P.S. Case No. 37 of 2012 on
07.04.2012, under Sections 409, 420, 467, 468 and 471 of the Indian Penal
Code and the trial has been conducted and the trial court has convicted the
petitioner and sentenced to undergo R.I. for 5 years and imposed a fine of
Rs. 50,000/- and in case of non-payment of fine, further simple
imprisonment for six months was ordered and the petitioner was also
directed to pay a compensation of Rs. 92,00,000/- under Section 357(3) of
Cr.P.C. to the Government of Jharkhand.
4. Mr. Saurabh Shekhar, learned counsel appearing for the
petitioner submits that the petitioner was remanded in the case on
25.08.2015 by the learned court and was granted bail on 08.05.2017 and
thereafter this petitioner was again remanded on 13.07.2018 i.e. the date of
judgment. He submits that the petitioner is still in judicial custody and he
has completed more than 5 years of his imprisonment. He further submits
that the fine and compensation both cannot be allowed in the light of
Section 357(3) of Cr.P.C.
5. Mr. P.C. Sinha, learned counsel appearing for the State
submits that petitioner has already undergone his imprisonment for more
than 5 years, however, he submits that petitioner has not paid the awarded
compensation amount.
6. In view of such submissions of the parties, the court has gone
through the order of the appellate Court and finds that in the rejection
order dated 09.01.2019 itself the learned appellate court has recorded that
the petitioner was remanded in the case on 25.08.2015 and was granted
bail on 08.05.2017 and further this petitioner was remanded on
13.07.2018, which shows that the petitioner has already completed 5 years
of imprisonment in terms of the trial court order.
7. The law point raised by Mr. Saurabh Shekhar, learned counsel
appearing for the petitioner with regard to fine and compensation under
Section 357(3) Cr.P.C. is left open to be decided in appeal.
8. Since the petitioner has already undergone 5 years of
imprisonment, the prayer made in the petition is allowed. As such, the
impugned order dated 09.01.2019, passed in Misc. Cri. Application No.
141 of 2018 by the learned Principal District and Sessions Judge,
Lohardaga, is hereby, set aside.
9. Accordingly, the petitioner, named above, is directed to be
released on bail, on furnishing bail bond of Rs.25,000/-(Rupees Twenty
Five Thousand) with two sureties of the like amount each to the
satisfaction of learned Principal District and Sessions Judge, Lohardaga, in
connection with Misc. Crl. Application No. 141 of 2018 [Criminal Appeal
No. 65 of 2018].
10. This petition is disposed of. As such, the aforesaid I.A. also
stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
