Jharkhand High Court
Arun Kumar Gupta vs The State Of Jharkhand on 15 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.1231 of 2018
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Arun Kumar Gupta ... Petitioner
-Versus-
1. The State of Jharkhand
2. Gorakh Nath Pandey ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Afaque Rashidi, Advocate
For the State : Mr. Ravi Prakash, Spl. P.P.
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Order No.05 Dated 15th September, 2022
I.A No.8091 of 2022
The present Interlocutory Application being I.A No.8091 of 22
has been filed on behalf of the petitioner for grant of bail during
pendency of the present Criminal Revision.
2. The present Criminal Revision Application has been filed on
behalf of the petitioners for setting aside the judgment dated
05.06.208 passed in Criminal Appeal No.128 of 2013 by the learned
Additional Sessions Judge-III, Daltonganj, by which, the said
Criminal Appeal has been dismissed by affirming the order dated
23.07.2013 passed by Sri. B.K. Pandey, Judicial Magistrate, 1st
Class, Palamau at Daltonganj in connection with G.R Case No.1555
of 2006 arising out of T.R. No.1013 of 2013, by which, the petitioner
has been convicted for the offence under Section 341, 323, 353 of
the I.P.C and has been sentenced to undergo Simple Imprisonment
for a period of one (01) month, Rigorous Imprisonment for a period
of six (06) months and Rigorous Imprisonment for a period of one
(01) year respectively.
3. Heard Mr. Mr. Afaque Rashidi, learned counsel for the petitioner and
Mr. Ravi Prakash, learned counsel for the State.
4. As per the FIR, the petitioner is alleged to have assaulted the
informant (i.e the Headmaster) of Government Primary School, for
not selecting him as Para Teacher.
5. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent. It is further submitted that there is no eye-
witness of the occurrence. It is further submitted that the petitioner
is in custody since for about two (02) months and hence, he may be
enlarged on bail.
6. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the petitioner had slapped the
Informant (i.e the Headmaster) of Government Primary School.
7. Perused the Interlocutory Application and considered the
submission on behalf of the parties.
8. It appears that the petitioner is in custody for about 02 months.
9. Considering the period of custody of the petitioner and in the
facts and circumstances of this case during pendency of this
Criminal Revision, the petitioner namely, Arun Kumar Gupta, is
directed to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of Sri. B.K. Pandey, Judicial Magistrate, 1st Class,
Palamau at Daltonganj or his Successor Court in connection with
G.R Case No.1555 of 2006 arising out of T.R. No.1013 of 2013,
subject to the condition that one of the bailors should be close/own
relative of the petitioner.
10. Accordingly, I.A. No.8091 of 2022 is allowed and stand
accordingly disposed of.
Criminal Revision No.1231 of 2018
11. Admit.
12. Issue notice upon the Opposite Party No.2 as to why this
criminal revision application be not admitted and/or be disposed of at
the admission stage itself and for which requisites under registered
cover with A/D as well as through ordinary process must be filed
within a period of two weeks from today, failing which, this Criminal
Revision Application shall stand rejected without further reference to
the Bench.
13. Accordingly, put up this case after six (06) months for awaiting
the appearance of the Opposite Party No.2.
(Sanjay Prasad, J.)
Raja/-
