Kamlesh Kumar Manjhi vs The State Of Jharkhand
2023 Latest Caselaw 1717 Jhar

                                         1           Cr. Revision No.1067 of 2022



               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No.1067 of 2022

        1. Kamlesh Kumar Manjhi
        2. Bishnupad Manjhi
        3. Yasoda Devi                       .....           Petitioners
                               Versus
        1. The State of Jharkhand
        2. Pushpa Devi                       ....              Opp. Parties

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the petitioners    :        Ms. Ganga Kumari Kachhap, Advocate
        For the State          :        Mr. Sunil Kr. Dubey, APP
                                    -----

5/24.04.2023 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of State.

2. This criminal revision is directed against the judgment dated 25/7/2022 passed by the lower appellate court in criminal appeal No. 13 of 2022, arising out of G.R. Case No.1104 of 2013 by which, the judgement of conviction and order of sentence passed by the learned trial court on 30.03.2022 corresponding to T.R. Case No. 83 of 2022 arising out of Dumka (Mufassil) P.S. Case No. 76 of 2023 dated 26.07.2013 has been confirmed, whereby and whereunder the learned trial court had found the petitioner No. 1 guilty for the offence punishable under section 354 of the IPC and also the petitioner Nos. 2 & 3 for the offence punishable under section 323 of the IPC only and further directed to release the petitioner Nos. 2 & 3 on admonition under the Probation of Offenders Act and the petitioner No. 2 Bishnupad Manjhi was directed to pay a sum of ₹1000/- as compensation under Section 5 of the Probation of Offenders Act to be given to the victim PW-5.

3. Learned counsel appearing on behalf of the petitioners submitted that IA No. 9740 of 2022 has become infructuous as the petitioner No.1 has surrendered before the learned court below 17/3/2023.

4. Accordingly the I.A. No. 9740 of 2022 gets disposed of as infructuous.

5. I.A. No. 2974 of 2023 has been filed on behalf of the petitioner submitting therein that the petitioner No.1 has surrendered before the learned court below on 17/3/2023 and he is in judicial custody since then in order to serve the sentence as awarded by the learned court below under section 354 of the IPC.

6. The surrender certificate has also been annexed, by which it appears that the petitioner No.1 Kamlesh Kumar Manjhi had surrendered on 17/3/2023 and the maximum sentence awarded to the petitioner is 3 years.

7. It has been pointed out that the petitioner No.1 is the first time offender and he is falsely implicated in this case by the informant PW- 5 because of the landed property dispute and the learned court below without any material and cogent region convicted the petitioner for the offence punishable under section 354 of IPC and he was sentenced to undergo RI for 3 years, which is not tenable in the eyes of law in view of the fact that no independent witness has been examined in this case. It has also been submitted that informant PW-5 had also implicated the father and the mother of this petitioner No. 1 and the petitioner No. 2 and petitioner No. 3 are the parents of petitioner No.1 and they have been convicted under section 323 of IPC only and after conviction, they were released on admonition on the provision of probation of offenders act and a fine of ₹1000/- was imposed upon the petitioner No. 2 Bishnupad Manjhi and in this view of the matter it is urged on behalf of petitioner No. 1 Kamlesh Kumar Manjhi that let him be released on bail during pending of this criminal revision application.

8. On the other hand, learned APP appearing on behalf of the State submitted that the petitioner No.1 had surrendered on 17/3/2023 and since then he is in jail and the maximum sentence awarded to him is 3 years under section 354 of IPC.

9. Having heard the parties, perused the record of this case.

10. In view of the submission advanced on behalf of the petitioner No.1, it is found just and proper to release the petitioner No.1 Kamlesh Kumar Manjhi on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Judicial Magistrate, 1st Class, Dumka, in connection with Dumka (Mufassil) P.S. Case No.76 of 2013, T.R. No.83 of 2022, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the condition that a sum of ₹5000/- (Rupees Five thousand) shall be deposited by him by way of compensation in order to give it to the victim PW-5 without being prejudiced to the right of defence of the petitioner No.1.

11. Learned court below is directed to issue notice to PW-5 and after proper identification, the fine amount, so deposited by the petitioner No.1 shall be disbursed to the victim PW-5.

12. I.A. No. 2974 of 2023 gets disposed of.

13. This criminal appeal is admitted for hearing.

14. Issue notice to the respondent No. 2 through registered post with A/D as well as through ordinary process, for which requisites etc. must be filed within four weeks, failing which, this application shall stand rejected without further reference to a Bench.

(Navneet Kumar, J.) R.Kumar