Jharkhand High Court
Shrawan Prasad Sahu @ Shrawan ... vs The State Of Jharkhand on 28 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.949 of 2022
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Shrawan Prasad Sahu @ Shrawan Prasad ... Petitioner
-Versus-
1. The State of Jharkhand
2. Ram Janam Minz ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Dilip Kumar Prasad, Advocate
For the State : Mr. Bhola Nath Ojha, A.P.P.
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Order No.05 Dated 28th September , 2022
I.A No.8090 of 2022
The present Interlocutory Application being I.A No.8090 of
2022 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 petitioner for challenging the judgment dated 26.07.2022
passed in Criminal Appeal No.54 of 2019 by the learned Additional
Sessions Judge-III, Lohardaga, by which, the said Criminal Appeal
has been dismissed by affirming the order dated 28.11.2019 in
connection with Kuru P.S Case No.151 of 2016 arising out of G.R
No.699 of 2016 corresponding to T.R No.18 of 2019 passed by Mr.
Raj Kalyan, Judicial Magistrate, 1st Class, Lohardaga, by which, the
petitioner has been convicted for the offence under Section 279 of
the I.P.C and has been sentenced to undergo Rigorous Imprisonment
for a period of six (06) months and to pay a fine of Rs.1,000 and he
has further been sentenced to undergo Rigorous Imprisonment for a
period of two (02) years and to pay the fine of Rs.1,000/- and in
default of payment of fine, he has further been sentenced to undergo
Simple Imprisonment for a period of 15 days and all the sentences
have been directed to run concurrently.
3. Heard Dilip Kumar Prasad, learned counsel for the petitioner and
Mr. Bhola Nath Ojha, learned counsel for the State.
3. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent. It is further submitted that the judgments and
order passed by the learned Court below are not sustainable in the
eyes of law. It is further submitted that there is no eye witness of
the occurrence. It is further submitted that the during the trial certain
amount has been paid to the family members of the deceased. It is
further submitted that the petitioner is in custody since 08.08.2022
and hence, he may be enlarged on bail.
4. On the other hand, learned counsel for the State has opposed
the prayer for bail.
5. Perused the FIR and considered the submission on behalf of
the parties.
6. It transpires that the petitioner is in custody since 07.05.2022.
7. Considering the aforesaid facts and in the circumstances of this
case during pendency of this Criminal Revision, the petitioner
namely, Shrawan Prasad Sahu @ Shrawan Prasad, is directed to be
released on provisional bail for a period of four months from today,
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of Mr. Raj
Kalyan, Judicial Magistrate, 1st Class, Lohardaga or his Successor
Court in connection with Kuru P.S Case No.151 of 2016 arising out
of G.R No.699 of 2016, corresponding to T.R No.18 of 2019, subject
to the condition that one of the bailors should be own relative of the
petitioner.
8. Accordingly, I.A No.8090 of 2022 is allowed and stands disposed of.
Criminal Revision No.949 of 2022
9. Learned counsel for the petitioner is directed to implead the
Informant as Opposite Party No.2 in this case.
10. 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.
11. Call for the scanned copies of the L.C.R from the court
concerned.
12. Accordingly, put up this case on 25th November, 2022.
13. Let a report be also called for from the learned Secretary,
DLSA, Lohardaga as to whether any compensation amount has been
paid to the family members of the deceased or not.
(Sanjay Prasad, J.)
Raja/-
