Citation : 2023 Latest Caselaw 2742 Jhar
Judgement Date : 9 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1748 of 2018
1.Lakhi Pandit
2.Reba Pandit @ Rewa Pandit
3.Delo Pandit @ Dalo Pandit
4.Tholo Pandit
5.Nabi Pandit
6.Bansi Pandit @ Banshi Pandit
7.Dina @ Dineshwar Pandit
8.Rudo Pandit
9. Lal Gobind Pandit
10.Chatur Pandit .......Petitioners
Versus
The State of Jharkhand ....... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Lalit Yadav, Advocate
For the State : Mr. Tapas Roy, APP
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Oral Judgment in Court
06/Dated: 09th August, 2023
This Criminal Revision has been filed on behalf of the petitioners by challenging the judgment dated 30.06.2018 passed by Sri Mahendra Prasad, learned Additional Sessions Judge-II, Deoghar in Criminal Appeal No.08 of 2014 by which the appeal preferred by the petitioner has been dismissed and who has upheld the release of the petitioners thereby affirming the judgment of conviction and sentence of furnishing probation bond of Rs.5,000/- with two sureties of the like amount each by all the petitioners passed by Sri Manish Ranjan, learned S.D.J.M, Deoghar in G.R. Case No.585 of 2004, T.R. Case No.186 of 2014 by which the petitioners have been convicted for the offences under section 147 and 323 of the I.P.C and they have been directed to enter into bond of Rs.5,000/- with two sureties of the like amount each to appear and receive sentence when called upon during the period of two years.
2. Learned counsel for the petitioners has submitted that the judgments and direction passed by the learned court below are not
sustainable in the eye of law. It has been submitted that the petitioners have been convicted due to land disputes. However, learned counsel for the petitioners has fairly submitted that the petitioners have also furnished bonds as per the direction passed by the learned court below and hence necessary order may be passed.
3. On the other hand, learned APP has submitted that this Criminal Revision Application has become infructuous. It is submitted that all the petitioners have furnished bond and more than two years have expired. It is further submitted that the judgment and order passed by the learned court below are fit and proper and no interference is required.
4. Perused the records of this Criminal Revision Application and considered the submissions of both the sides.
5. It appears that the petitioners have been convicted for the offences under section 147 and 323 of the IPC vide judgment dated 04.01.2014 passed by the learned S.D.J.M, Deoghar in G.R. Case No.585 of 2004, T.R. Case No.186 of 2014 and they were given benefit of section 360 (1) Cr.P.C by the learned court below by directing all the petitioners to enter into bond of Rs.5,000/- with two sureties of the like amount each to appear and receive sentence when called upon during the period of two years and in the meantime the petitioners were directed to keep peace and harmony in the society and be of good behaviour.
6. It transpires from the record that the learned Appellate Court vide impugned judgment dated 30.06.2018 has dismissed the Cr. Appeal No.08 of 2014.
7. It transpires that more than two years have expired after furnishing of probation bonds by all the petitioners.
8. Thus, this Cr. Revision No.1748 of 2018 is dismissed as having become infructuous.
(Sanjay Prasad, J.) Saket/-
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