Gopal Bhagat vs The State Of Jharkhand
2023 Latest Caselaw 2874 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. M.P. No. 2311 of 2023
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     Gopal Bhagat                                   ..... Petitioner
                           Versus
     The State of Jharkhand                        ..... Opposite Party
                                     ---------

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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     For the Appellant        : Mr. Rahul Dev, Adv.
     For the State            : Mr. Pankaj Kr. Mishra, APP
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03/Dated: 14th August, 2023

At the request of learned counsel for the petitioner the defects as pointed out by the registry, is hereby, ignorned.

2. The instant application has been preferred by the petitioner praying for modification of the judgment dated 23.08.2022 passed in Cr. Rev. No. 995 of 2004, whereby conviction was confirmed; however, the sentence was modified to the extent that the petitioner was sentenced to undergo for the period already undergone subject to payment of fine of Rs.7,500/- before the Secretary, DLSA, Gumla within a period of four months from the date of order, failing which they shall serve rest of the sentence as directed by the learned trial court.

3. Learned counsel for the petitioner submits that due to motor bike accident he was unable to do work so it could not arrange the money and could not be deposited the amount within the stipulated period. He further submits that the petitioner is ready to comply the order within the specified period as may be granted by this Court. In this view of the matter learned counsel for the petitioner prays that the original order dated 23.08.2022 passed in Cr. Rev. No. 995 of 2004 may be modified to the extent that the petitioner may be granted liberty to deposit the aforesaid fine amount within a further period of three Weeks from today.

4. Learned APP does not have any serious objection.

5. In view of the aforesaid facts and circumstances of the case and arguments adduced by the parties, the original order dated 23.08.2022 passed in Cr. Rev. No. 995 of 2004, is hereby, modified to the extent that the petitioner is directed to pay the fine amount of Rs.7,500/- before the Secretary, DLSA, Gumla

within a further period of three weeks from today.

6. It is made clear that the petitioner shall be discharged from the liability of his bail bond only on the fulfillment of the aforesaid condition.

7. With the aforesaid modification in the order dated 23.08.2022 passed in Cr. Rev. No. 995 of 2004, the instant Cr.M.P. stands allowed and disposed of.

8. Let a copy of this order be sent to the court concerned through "FAX".

(Deepak Roshan, J.) Amardeep/