Jharkhand High Court
Shankar Saw vs The State Of Jharkhand on 28 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1334 of 2019
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Shankar Saw ...... Petitioner
Versus
1. The State of Jharkhand
2. Neelam Devi ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Sanjay Kr. Pandey-2, Advocate
For the State : Mr. Sunil Kr. Dubey, A. P. P.
For the O. P. No. 2: Mr. Vikash Kumar, Advocate
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11/28.09.2022 Heard learned counsel for the petitioner and learned
counsel for State and learned counsel for the opposite party no. 2.
2. The present Criminal Revision No. 1334 of 2019 has been
filed by the petitioner challenging the judgment dated 31.08.2019
passed in Criminal Appeal No. 22 of 2019 by the learned
Additional Sessions Judge-III, Ramgarh whereby learned
Additional Sessions Judge- III, Ramgarh has dismissed Criminal
Appeal No. 22 of 2019 and affirmed the judgement of conviction
and order of sentence passed by Sri Rakesh Raushan, learned
Judicial Magistrate, 1st Class, Ramgarh in connection with
Ramgarh P. S. Case No. 203 of 2008 corresponding to G. R. No.
1901 of 2008 (T. R. No. 160 of 2019) whereby the petitioner has
been convicted for the offence under Section 498-A of the Indian
Penal Code and has been sentenced to undergo S. I. for a period
of two (2) years and to pay the fine of Rs. 7,000/-.
3. 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
by the learned counsel for the petitioner that the petitioner is ready
to deposit Demand Draft of Rs. 50,000/- in the name of the
opposite party no. 2 at the time of furnishing the bail bond and is
ready for settlement of the dispute in this case. It is submitted that
the petitioner is in custody since 11.08.2022 and as such, the
petitioner may be enlarged on bail.
4. Learned counsel for the State has opposed the prayer for
bail.
5. Learned counsel for the opposite party no. 2 has opposed
the prayer for bail, however he has agreed on the deposit of
Rs. 50,000/- for the present.
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 11.08.2022.
8. Considering the facts and circumstances of the case and
the fact that for the present, petitioner is ready to deposit Demand
Draft of Rs. 50,000/- in the name of the opposite party no. 2 at the
time of furnishing the bail bond, during pendency of this Criminal
Revision Application, the petitioner namely Shankar 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 Sri Rakesh Raushan, learned Judicial Magistrate,
1st Class, Ramgarh or his Successor Court in connection with
Ramgarh P. S. Case No. 203 of 2008 corresponding to G. R. No.
1901 of 2008 (T. R. No. 160 of 2019) subject to the condition that
one of the bailors must be the relative of the petitioner and also
subject to the condition that petitioner shall deposit Demand Draft
of Rs. 50,000/- in the name of the opposite party no. 2 at the time
of furnishing the bail bond.
Cr. Revision No. 1334 of 2019
9. Learned counsel for both the sides have submitted that the
case may be referred for mediation before the Secretary, DLSA,
Gumla.
10. Under the circumstances, it will be desirable that both the
parties i.e. the petitioner and opposite party no. 2 may appear
before the learned Secretary, DLSA, Gumla on 02.11.2022.
Thereafter, the learned Secretary, DLSA, Gumla will appoint a
Mediator instantly to amicably settle the dispute between both the
sides and make an effort for reconciliation between both the sides
also and the learned Secretary, DLSA, Gumla shall submit a report
to this Court on or before 01.12.2022.
11. Put up this case on 05.12.2022.
Let a copy of this order be sent to learned Secretary,
DLSA, Gumla for the needful.
12. Call for the scanned copy of the Lower Court Records.
(Sanjay Prasad, J.)
Kamlesh/
