Jharkhand High Court
Shankar Rawani vs The State Of Jharkhand on 28 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1135 of 2004
With
I.A. No. 7697 of 2023
(Against the judgment of conviction and order of sentence dated
29.06.2004 passed by the learned 4th Additional Sessions Judge,
Fast Track Court, Jamtara, in Sessions Case No. 32 of 1997.)
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Shankar Rawani ..... Appellant
Versus
The State of Jharkhand ...... Respondent
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellant : Mr. Pran Pranay, Adv.
Mr. Pankaj Kumar, Amicus
For the State : Ms. Nehala Sharmin, APP
For the Informant : Mr. Raja Ravi Shekhar Singh, Adv
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07/Dated: 28th August, 2023
Heard learned counsel for the parties.
2. This appeal is directed against the judgment of
conviction and order of sentence dated 29.06.2004 passed by
the learned 4th Additional Sessions Judge, Fast Track Court,
Jamtara, in Sessions Case No. 32 of 1997, whereby the
appellant was convicted under section 457 IPC and sentenced
to undergo R.I. for 4 years and fine of Rs. 500/-, in case of
default of payment of fine, one month R.I. was awarded.
3. At the outset, learned counsel for the appellant as well
as learned counsel for the informant draws attention of this
court towards the interlocutory application being I.A. No.
7697 of 2023 filed by both the parties in the form of joint
compromise application duly executed by the appellant as
well as the informant indicating therein that both of them
have arrived on conclusion and as per their wish the instant
application should come to an end; as such the case may be
disposed of by modifying the sentence for the period already
undergone in view of the joint compromise application.
5. Learned Addl. P.P. does not have any objection if the
sentence which has been imposed for the offence committed
by the appellant which was proved before the learned trial
court is modified.
6. Heard learned counsel for the parties and peruse the
interlocutory application filed on 24.08.2023 duly signed by
the appellant-Shankar Rawani and the informant-Jaitun Bibi.
From the interlocutory application, it appears that the
appellant entered into a compromise on the intervention of
well-wishers and close relatives and now the informant and
the victim do not want to proceed the present appeal in
connection with Jamtara P.S. Case No. 231 of 1995; whereby
the appellant has been convicted and sentence for 4 years
with fine. There is a specific averment made in the
interlocutory application that both the parties thought over
the issue of future prospect including both impact and benefit
and have arrived on conclusion that it would be better for
them to settle the dispute and there is a specific averment
that the informant does not want to proceed in the matter in
future.
7. Having regard to the aforesaid interlocutory
application and the averment made therein, interest of justice
would be sufficed by accepting the same; as such considering
the joint compromise petition arrived at between the parties
which has been filed by way of an interlocutory application by
both the parties, I am of considered view that without
interfering with the judgment of conviction, the sentence
ought to be modified to the extent that the appellant shall be
released for the period already undergone.
9. As a result, the sentence as ordered by the learned trial
court is hereby modified to the extent that the appellant is
sentenced for the period already undergone.
11. Consequently, the interlocutory application being I.A.
No. 7697 of 2023 stands allowed.
10. With the aforesaid observations, directions and
modification in sentence only, the instant criminal appeal also
stands disposed of.
11. The appellant shall be discharged from the liability of
his bail bonds.
12. Let a copy of this order be sent to the trial court,
Jamtara and Jharkhand High Court Legal Services Committee
for quantifying the fee of learned Amicus.
13. Let the lower court record be sent back to the court
concerned forthwith.
(Deepak Roshan, J.)
Amardeep/
