Jharkhand High Court
Dinesh Kumar vs The State Of Jharkhand on 3 February, 2023
1 Cr. Revision No.914 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.914 of 2022
Dinesh Kumar ..... Petitioner
Versus
The State of Jharkhand .... Opp. Party
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Purnendu Saran, Advocate
For the State : Mr. Bhola Nath Ojha, APP
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6/03.02.2023 Heard learned counsel for the petitioner and learned counsel for
the State.
It is submitted on behalf of the learned counsel appearing on
behalf of the petitioner that this Criminal Revision Application is
directed against the part Order /Judgment dated 26.5.2022 passed by
the court of Principal Sessions Judge, Pakur in Criminal Appeal No. 45
of 2019, whereby and whereunder the court below has confirmed the
conviction of the petitioner with modification in sentence for the
offence punishable under section 471 of the IPC and further appellant
is directed to undergo a reduced sentence of imprisonment for a
period of 6 months and a fine of ₹1000/- and in default of payment of
fine, the petitioner was further directed to undergo R.I. for one month
for the offence punishable under section 471 of the IPC.
It has been pointed out that the allegation made against the
petitioner was that for the admission in the B.Ed course, he has
submitted forged caste certificate of scheduled caste and therefore the
court concerned after conducting the trial, convicted the petitioner for
the offence punishable under section 471 of IPC, which is under
challenge.
It has been pointed out that the petitioner had almost served of
the half of the sentence as awarded by the learned appellate court
below, where the sentence awarded by the trial court has been
modified and he was awarded sentence of 6 months and thus this
petitioner has already served 3 months in jail. It has been pointed out
that the pre-conviction period, he was in jail since 24th November 2021
to 28th November 2021 and now he has surrendered in the court below
after the judgment and order of the learned appellant court on
11.11.2022 till as on date and therefore it is urged on behalf of the
petitioner that let him be enlarged on bail.
On the other hand, learned APP appearing on behalf of the State
opposed the contentions raised on behalf of the petitioner.
Having taken into consideration the persuasive submissions
advanced on behalf of the learned counsel for the petitioner under the
facts and circumstances of this case, this petitioner Dinesh Kumar is
directed to be enlarged on bail on furnishing bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the court of learned Chief Judicial
Magistrate, Pakur, in connection with G.R. Case No.344 of 2009,
corresponding to T.R. No.363 of 2019, arising out of Pakur (Town) P.S.
Case No. 116 of 2009, subject to the conditions as laid down under
Section 439 of Cr.P.C. and subject to the payment of fine as awarded
by the learned court below that is ₹1000/-.
Let this Criminal Revision Application be admitted and be
posted under the heading for hearing in seriatim.
(Navneet Kumar, J.)
R.Kumar
