Sushen Mandal vs The State Of Jharkhand
2022 Latest Caselaw 3798 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Revision No.862 of 2022
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      Sushen Mandal                              ...    Petitioner
                             -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. Purnendu Sharan, Advocate .

      For the State           : Mr. Ravi Prakash, A.P.P.
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      Order No.03                             Dated 20th September, 2022

.     The present Criminal Revision Application has been filed on

behalf of the petitioner for setting aside the judgment dated 13.06.2022 passed in Criminal Appeal No.35 of 2018 by the learned Additional Sessions Judge-II, Dumka, by which, the said Criminal Appeal has been dismissed by the learned Additional Sessions Judge-II, Dumka by affirming the order dated 31.08.2018 in connection with G.R Case No.142 of 2012 arising out of T.R Case No.132 of 2018, passed by Shri. Bankim Chandra Chatterjee, Judicial Magistrate, 1st Class, Dumka, by which, the petitioner has been convicted for the offence under Section 498-A and has been sentenced to undergo Simple Imprisonment for a period of 1 ½ years, however, the learned Appellate Court had modified to sentence to Simple Imprisonment for a period of one (1) year and 4 months and to pay a fine of Rs.10,000/-.

2. Heard Mr. Purnendu Sharan, learned counsel for the petitioner and Mr. Ravi Prakash, learned counsel for the State.

3. As per the FIR, it is alleged that the marriage of the Informant was solemnized with this petitioner as per Hindu Rites and Rituals. After sometime, she went to her matrimonial house with her husband and stayed there for about three years peacefully and thereafter, she gave birth to a child and she was subjected to assault and cruelty by her husband and ousted from her matrimonial house.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent. It is further submitted that the petitioner is a handicapped person and he is looking after his old mother, who is aged about 60 years. It is further submitted that the petitioner is in custody since 23.08.2022 and hence, he may be enlarged on bail.

5. On the other hand, learned counsel for the State has opposed the bail.

6. Perused the F.I.R and considered the submission made on behalf of the parties.

7. It appears that the petitioner is the handicapped.

8. Considering the facts and on the circumstances of this case, the petitioner namely, Sushen Mandal is directed to be released on provisional bail for a period of four months on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri. Bankim Chandra Chatterjee, Judicial Magistrate, 1st Class, Dumka, or his Successor Court, subject to the condition that one of the bailors should be own relative of the petitioner.

Criminal Revision No.862 of 2022

09. Learned counsel for the petitioner is directed to implead the Informant as Opposite Party No.2 in this case.

10. Issue notice upon the Opposite Party No.2 by both process i.e, registered cover with A/D as well as under ordinary process and for which requisites etc., 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.

11. Call for the scanned copies of the Lower Court Records from the court concerned.

12. Put up this case on 14th November, 2022 under the heading 'For Admission'.

(Sanjay Prasad, J.) Raja/-