Kali Toppo vs The State Of Jharkhand
2023 Latest Caselaw 2783 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No. 608 of 2020
Kali Toppo                                   ......    Petitioner
                      Versus
1.The State of Jharkhand
2.Renuka Khalkho                          ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Suraj Kishore Prasad, Advocate For the State : Mr. Sri Prakash Jha, APP For the O.P. NO.2 : Mr. D.K. Prasad, Advocate

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th 11/Dated: 10 August, 2023 I.A. No.6341 of 2021

This interlocutory application has been filed on behalf of the petitioner seeking exemption from surrender before the learned court below.

2. It is submitted that the petitioner is an old aged person and is aged about 70 years. It is submitted that this is a case of alleged theft of cutting of fifty (50) Bamboos by the petitioner and a civil suit is also pending between the parties. It is submitted that the petitioner is ready to compensate the O.P. No.2 by paying certain amount which may be deemed proper and as such the petitioner may be exempted from surrendering before the learned Court below.

3. On the other hand, learned APP for the State has opposed the prayer.

4. Learned counsel for the O.P. No.2 has opposed the prayer and submitted that there is previous dispute between the petitioner and the O.P. No.2 and the petitioner has committed theft of fifty (50) Bamboos from the land of the O.P. No.2. It is further submitted that this is a case of concurrent finding of fact by both the learned Courts below and as such, the

petitioner is not entitled to be exempted from surrendering in this case.

5. Heard learned counsel for both the sides and perused the records of this case.

6. It appears that FIR has been lodged by the O.P. No.2 for committing theft of certain Bamboos worth Rs.5,000/-.

7. It also appears that a civil dispute is also going on between both the sides over the land in question.

8. On the facts and in the circumstances of this case and also in view of the judgment of the Hon'ble Supreme Court reported in the case of Vivek Rai and Another vs. High Court of Jharkhand through Registrar General and Ors. (2015) 12 SCC

86) and taking lenient view, the petitioner is exempted from surrendering in the Court below on payment of Rs.10,000/- by way of Demand Draft in the name of O.P. No.2 to be deposited in the office of the learned Registrar General, as the petitioner is an old age person.

9. Accordingly, I.A. No.6341 of 2021 is allowed and stands disposed of.

Cr. Revision No.608 of 2020

Put up this case 'For Admission' on 28.08.2023.

(Sanjay Prasad, J.) Saket/-