Rabindra Kisku @ Bindu Kisku vs The State Of Jharkhand ..... Opposite ...
2023 Latest Caselaw 4473 Jhar

Jharkhand High Court

Rabindra Kisku @ Bindu Kisku vs The State Of Jharkhand ..... Opposite ... on 8 December, 2023

Author: Deepak Roshan

Bench: Deepak Roshan

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. M.P. No. 3446 of 2023
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1.Rabindra Kisku @ Bindu Kisku

2.Bankim Marandi ..... Petitioners Versus The State of Jharkhand ..... Opposite Party

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Nityanand Pd. Choudhary, Adv. For the State : Mrs. Anuradha Sahay, APP

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03/Dated: 8th December, 2023 Heard learned counsel for the parties.

2. At the outset learned counsel for the petitioner submits that after filing of this application, petitioner no.2 has expired, as such he is pressing this application for the petitioner no.1 only.

2. The instant application has been preferred by the petitioners praying for modification of the judgment dated 15.05.2023 passed in Cr. Appeal (SJ) No. 766 of 2004, whereby conviction was confirmed; however, the sentence was modified to the extent that the petitioners were sentenced to undergo for the period already undergone subject to payment of fine of Rs.25,000/- each before the Secretary, D.L.S.A, Jamtara within a period of four months from the receipt 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 the petitioner no.1 is very poor person and working as labourer and made effort to arrange the fine but could not arrange the entire fine 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 15.05.2023 passed in Cr. Appeal (SJ) No. 766 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 six 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 argument adduced by the parties, the original order dated 15.05.2023 passed in Cr. Appeal (SJ) No. 766 of 2004, is hereby, modified to the extent that the petitioner no.1 is directed to pay the fine amount of Rs.25,000/- before the Secretary, D.L.S.A, Jamtara within a further period of four weeks from today.

6. It is made clear that the petitioner no.1 shall be discharged from the liability of his bail bonds only on the fulfillment of the aforesaid condition.

7. With the aforesaid modification in the order dated 15.05.2023 passed in Cr. Appeal (SJ) No. 766 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/