Rushan Mohli @ Rushan Manjhi vs The State Of Jharkhand
2022 Latest Caselaw 4004 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Criminal Revision No.1022 of 2022
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Rushan Mohli @ Rushan Manjhi ... Petitioner

-Versus-

      1. The State of Jharkhand
      2. Bhagiya Devi                         ...     Opposite Parties
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      CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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      For the Petitioner          : Mr. Ranjan Kumar Singh, Advocate
      For the State               : Mr. Vishwanath Roy, A.P.P.
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      Order No.03                                 Dated 28th September , 2022

I.A No.8308 of 2022

Heard Mr. Ranjan Kumar Singh, learned counsel for the petitioner and Mr. Vishwanath Roy, learned counsel for the State.

2. The present interlocutory application being I.A No.8308 of 2022 has been filed under Section 5 of the Limitation Act on behalf of petitioner for condoning the delay of 1066 days in preferring the instant Criminal Revision Application.

3. It is submitted by the learned counsel for the petitioner that the petitioner is an illiterate and rustic person he had gone to Gujarat for his livelihood and hence, the delay of 1066 days may be condoned.

4. On the other hand, learned counsel for the State has opposed the prayer for condonation of delay.

5. Although, the reasons given in this Interlocutory Application is not satisfactory and having gone through the averments made in this Interlocutory Application No.4, 5 and 6 and by taking lenient view, and hence, the delay of 1066 days in preferring this Criminal Revision Application is hereby, condoned.

6. Thus, I.A No.8308 of 2022 is allowed and accordingly, disposed of.

I.A No.8309 of 2022

7. The present Interlocutory Application being I.A No.8309 of 2022 has been filed on behalf of the petitioner for grant of bail during pendency of the present Criminal Revision.

8. The present Criminal Revision Application has been filed on behalf of the petitioner for challenging the judgment dated 20.07.2017 passed in Criminal Appeal No.81 of 2011 by the learned Additional Sessions Judge-III, Deoghar, by which, the said Criminal Appeal has been dismissed by affirming the order dated 11.11.2021 in connection with Sarwan P.S Case No.109 of 2003 arising out of G.R No.833 of 2003, corresponding to T.R No.213 of 2011 passed by learned Sub-Divisional Judicial Magistrate, Deoghar, by which, the petitioner has been convicted for the offence under Section 448, 323, 341 and 354 of the IPC and has been sentenced to undergo Rigorous Imprisonment for a period of six (06) months, Rigorous Imprisonment for a period of six (06) months, Rigorous Imprisonment for a period of one (01) months, Rigorous Imprisonment for a period of one (01) years respectively,

9. It is submitted by the learned counsel for the petitioner that the petitioner is innocent. It is further submitted that the judgment and order passed by the learned Court below are not sustainable in the eyes of law. It is further submitted that the allegation of pulling the Sari and assaulting the wife of the Informant is not correct. It is further submitted that the petitioner is in custody since 24.07.2022 and hence, he may be enlarged on bail.

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

11. Perused the L.C.R and considered the submission on behalf of the parties.

12. It transpires that the petitioner is in custody since 24.07.2022.

13. Considering the aforesaid facts and in the circumstances of this case during pendency of this Criminal Revision, the petitioner namely, Rushan Mohli @ Rushan Manjhi, 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 Mr. Bal Krishna Tiwary, Sub-Divisional Judicial Magistrate, Deoghar or his Successor Court in connection with Sarwan P.S Case No.109 of 2003 arising out of G.R No.833 of 2003, corresponding to T.R No.213 of 2011, subject to the condition that one of the bailors must be own relative of the petitioner. Criminal Revision No.1022 of 2022

14. Learned counsel for the petitioner is directed to implead the Informant as Opposite Party No.2 in this case in course of the day.

15. Issue notice upon the newly added 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 after vacation, failing which, this Criminal Revision Application shall stand rejected without further reference to the Bench.

16. Accordingly, put up this case on 01st December, 2022.

(Sanjay Prasad, J.) Raja/-