Jharkhand High Court
Umesh Kumar vs The State Of Jharkhand on 7 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 71 of 2021
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1. Umesh Kumar
2. Devasish Mallick ...... Petitioners
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Jitesh Kumar, Advocate.
For the State : Mr. Jitendra Pandey, A. P. P.
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I.A. No. 577 of 2023
07/07.02.2023 Learned counsel for the petitioners undertakes to deposit
the deficit Court fee of Rs. 140/- in course of the day.
2. This Criminal Revision Application has been filed on
behalf of the petitioners challenging the judgment dated 31.01.2020
passed by the learned Sessions Judge-East Singhbhum, Jamshedpur
in Criminal Appeal No. 207 of 2019 by which learned Sessions
Judge-East Singhbhum, Jamshedpur has dismissed the Criminal
Appeal and affirmed the judgment of conviction and order of
sentence dated 18.07.2019 passed by Ms. Darshna, Judicial
Magistrate, 1st Class, Jamshedpur in connection with G. R. No. 4487
of 2013 corresponding to T. R. No. 210 of 2019 whereby the
petitioner has been convicted under Sections 448/34 of the Indian
Penal Code and has been sentenced to undergo S.I. for a period of
three(3) months for the offence under Section 448 of the Indian
Penal Code.
3. I.A. No. 577 of 2023 has been filed on behalf of the petitioner
no. 2-Devasish Mallick for grant of bail, during the pendency of this
Criminal Revision Application.
4. Heard learned counsel for the petitioner no. 2-Devasish
Mallick and the learned counsel for the State.
5. It is submitted by the learned counsel for the petitioner no. 2
that the judgments and order passed by the learned Court below are not
sustainable in the eye of law. It is submitted that after exemption from
surrendering in the learned Court below has been rejected by this Court
vide order dated 20.09.2022 in I.A. No. 8203 of 2022 [Criminal
Revision No. 71 of 2021], the petitioner no. 2-Devasish Mallick has
voluntarily surrendered in the learned Court below on 18.01.2023 and
as such, the petitioner no. 2-Devasish Mallick may be enlarged on bail.
6. Learned counsel for the State has opposed the prayer of bail
of the petitioner no. 2-Devasish Mallick.
7. Perused the records and considered the submissions of both
the sides.
8. It transpires that the petitioner no. 2-Devasish Mallick has
voluntarily surrendered in the learned Court below on 18.01.2023.
9. Considering the facts and in the circumstances of the case,
during pendency of this Criminal Revision, the petitioner no. 2-
Devasish Mallick is directed to be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of Ms. Darshna, Judicial
Magistrate, 1st Class, Jamshedpur or her Successor Court in
connection with G. R. No. 4487 of 2013 corresponding to T. R. No.
210 of 2019.
10. Thus, I.A. No. 577 of 2023 is allowed and stands disposed of.
Cr. Revision No. 71 of 2021
11. Call for the scanned copy of the Lower Court Records.
(Sanjay Prasad, J.)
Kamlesh/
