Pintu Ram vs The State Of Jharkhand
2023 Latest Caselaw 3109 Jhar

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         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (S.J) No. 552 of 2005
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(Against the judgment of conviction and order of sentence, both dated 10.02.2005, passed by the learned Additional Sessions Judge, FTC-7th Giridih corresponding to S.T. No.90 of 2003.)

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         1. Pintu Ram
         2. Bharat Mishra                             ....   Appellants
                                                 Versus
         The State of Jharkhand.                      ....   Respondent

         CORAM      : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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         For the Appellant         :Mr. None

For the Respondent-State :Mr. Shailesh Kumar Sinha, A.P.P .........

06/23.08.2023 Heard learned counsel for the parties.

2. The instant criminal appeal has been preferred against the judgment of conviction and order of sentence, both dated 10.02.2005, passed by the learned Additional Sessions Judge, FTC-7th Giridih corresponding to S.T. No.90 of 2003, whereby the appellant No.1 has been convicted for the offences under Sections 324 and appellant No.2 has been convicted for the offence under Section 323 IPC and were directed to be released by giving benefit of Probation of Offenders Act on furnishing a bond of Rs.2000/- with one surety of like amount to maintain peace and keeping of good behavior for a period of two years.

3. No one appears of the appellants in spite of repeated calls.

4. Mr. Shailesh Kumar Sinha, learned counsel appearing for the State draws attention of this Court towards the impugned judgment and submits that though the appellants were convicted for the offence under Section 324 & 323 IPC but the appellants were given benefit of probation of Offenders Act by the learned trial court and that might be the reason that the appellants are now not interested in this case. He further submits that the

probation period has already expired and no adverse report has been received during the probation period.

5. Having regard to the facts and circumstances of the case, deciding the case on merit would only be for an academic purpose, since appellants were released on furnishing bond of Rs.2000/- with one surety for the like amount each for keeping peace and good behavior for a period of two years. Accordingly, the instant application, is hereby, disposed of without interfering with the judgment of conviction.

6. Let a copy of this order be communicated to the court below and the lower court record be sent to the court concerned forthwith.

(Deepak Roshan, J.) Fahim/-