Rameshwar Sao @ Rameshwar Saw vs The State Of Jharkhand
2022 Latest Caselaw 3980 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision No. 566 of 2021
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Rameshwar Sao @ Rameshwar Saw ...... Petitioner Versus

1. The State of Jharkhand

2. Kaushlya Devi ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Shekhar Prasad Gupta, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P.

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I.A. No. 8886 of 2022

06/27.09.2022 Heard learned counsel for the petitioner and learned counsel for State.

2. The present Criminal Revision No. 566 of 2021 has been filed by the petitioner challenging the judgment dated 03.02.2020 passed in Criminal Appeal No. 18 of 2019 by the learned Additional Sessions Judge-II, Chatra whereby learned Additional Sessions Judge-II, Chatra has dismissed Criminal Appeal No. 18 of 2019 and affirmed the judgement of conviction and order of sentence passed by Sri Dinesh Kumar, learned Chief Judicial Magistrate, Chatra in connection with Complaint Case No. 308 of 2012 whereby the petitioner has been convicted for the offence under Section 498-A of the Indian Penal Code and has been sentenced to undergo R. I. for a period of two (2) years and to pay the fine of Rs. 500/- for the offence under Section 498-A of the Indian Penal Code and in default of payment of fine, he has further been sentenced to undergo S.I. for a period of 15 days.

3. I.A. No. 8886 of 2022 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the Criminal Revision Application.

4. It is submitted by the learned counsel for the petitioner

that the judgments and order passed by the learned Court below are not sustainable in law. It is submitted by the learned counsel for the petitioner that the petitioner is the husband. It is submitted that petitioner has surrendered on 04.06.2022 in the learned Court below and as such, the petitioner may be enlarged on bail.

5. Learned counsel for the State has opposed the prayer for bail.

6. Perused the records and considered the submission of both the sides.

7. It transpires that the petitioner is the husband. It also transpires that petitioner has surrendered on 04.06.2022.

8. Considering the facts and circumstances of the case and considering the custody of the petitioner, during pendency of this Criminal Revision Application, the petitioner namely Rameshwar Sao @ Rameshwar Saw 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 learned Chief Judicial Magistrate, Chatra or his Successor Court in connection with Complaint Case No. 308 of 2012 subject to the condition that one of the bailors must be the relative of the petitioner.

Cr. Revision No. 566 of 2021

9. Learned counsel for the petitioner is directed to implead the informant as opposite party no. 2 in this case during course of the day.

10. Issue notice to the newly added opposite party no. 2 as to why this Criminal Revision Application may not be admitted and/or disposed of at the admission stage itself and for which requisites etc. under registered cover with A/D and ordinary

process must be filed two weeks after Dussehra Vacation, failing which, this Criminal Revision Application shall stand dismissed without further reference to the Bench.

11. Call for the scanned copy of the Lower Court Records.

12. If requisites are filed, put up this case on 03.11.2022.

(Sanjay Prasad, J.) Kamlesh/