Jharkhand High Court
Mukesh Kumar Singh @ Mukesh Singh vs The State Of Jharkhand on 13 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.835 of 2022
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1. Mukesh Kumar Singh @ Mukesh Singh
2. Aditya Tiwari
3. Binay Kumar Sen @ Binay Sen
4. Sanjit @ Sanju Rajak @ Sanjit Rajak
5. Sukumar Halder
6. Ujjwal Kumar Bhagat @ Banti Bhagat
... Petitioners
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rajiv Sharma, Sr. Advocate
: Mr. sunil Kumar Mahto, Adv.
For the State : Mr. Santosh Kumar Shukla, A.P.P.
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Order No.07 Dated 13th September, 2022
I.A No.8407 of 2022
The present Interlocutory Application being I.A No8407 of
2022 has been filed on behalf of the petitioners for grant of bail
during pendency of the present Criminal Revision Application.
2. The present Criminal Revision Application has been filed on
behalf of the petitioners for setting aside the judgment dated
13.07.2022 passed in Criminal Appeal No.24 of 2021 by the learned
Additional Sessions Judge-II, Pakur, by which, the said Criminal
Appeal has been dismissed by affirming the order dated 26.11.2021
in connection with Pakur (Town) P.S. Case No.01/2014 arising out
of G.R Case No.01 of 2014 corresponding to T.R No.306 of 2021
passed by the learned Chief Judicial Magistrate, Pakur whereby, the
petitioners have been convicted for the offences, 147,452, 323, 341,
427 of the I.P.C and have been sentenced to undergo Rigorous
Imprisonment for a period of three months each, Rigorous
Imprisonment for a period of one year and six months each and to
pay a fine of Rs.500/- and in default of payment of fine, they have
further been sentenced to undergo Simple Imprisonment for a period
of one week each for the offences under Section 452 of the I.P.C and
Rigorous Imprisonment for a period of 15 days each for the offence
under Section 341 of the I.P.C and R.I. for a period of three months
each for the offences under Section 323 of the I.P.C and Rigorous
Imprisonment for a period of three months each for the offences
under Section 427 of the I.P.C and all the sentences have been run
concurrently.
3. Heard Mr. Rajiv Sharma, learned Senior Counsel for the petitioner
No.1, 2, 4 and 6 namely, Mukesh Kumar Singh @ Mukesh Singh, Aditya
Tiwari, Sanjit @ Sanju Rajak @ Sanjit Rajak and Mr. Santosh Kumar
Shukla, learned counsel for the State.
4. As per the F.I.R, it is alleged that the petitioners are alleged to
have dragged the daughter and son of the Informant from the house
of the Informant and had assaulted them.
5. It is submitted by the learned senior counsel for the petitioners
that the petitioners are innocent. It is further submitted that all the
allegations in the F.I.R are false and concocted. It is further
submitted that the petitioners have got no criminal antecedent. It is
further submitted that the petitioners have falsely been implicated in
the present case. It is further submitted that the petitioners are in
custody since 07.09.2022 and hence, they may be enlarged on bail.
6. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the petitioners had assaulted the son
and daughter of the Informant.
7. Perused the I.A No.8304 of 2022 and considered the
submission made on behalf of the parties.
8. It transpires that that the petitioner No.1, 2, 4 and 6 namely,
Mukesh Kumar Singh @ Mukesh Singh, Aditya Tiwari, Sanjit @ Sanju
Rajak @ Sanjit Rajak have surrendered in the learned Court below on
07.09.2022. It also transpires that there was a dispute between
families of two neighbours. It further transpires that the petitioner
Nos.3 namely, Binay Kumar Sen @ Bijay Sen and the petitioner
No.5 namely, Sukumar Halder have already been exempted from
surrendering in the learned Court below vide order dated 18.08.2022
passed by this Court.
9. Considering the facts and in the circusmtances of this case, the
petitioner Nos.1, 2, 4 and 6 namely, Mukesh Kumar Singh @ Mukesh
Singh, Aditya Tiwari, Sanjit @ Sanju Rajak @ Sanjit Rajak, are directed
to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Pakur in
connection with Pakur (Town) P.S. Case No.01/2014 arising out of
G.R Case No.01 of 2014 corresponding to T.R No.306 of 2021,
subject to the condition that the one of the bailors must be close/own
relatives of each of the petitioners.
10. Accordingly, I.A No.8407 of 2022 is allowed and stands
disposed of.
Criminal Revision No.835 of 2022.
10. Admit.
12. Issue notice upon the Opposite Party No.2 by registered cover with
A/D as well as under ordinary process, for which requisites etc., must be
filed within a period of two weeks.
(Sanjay Prasad, J.)
Raja/-
