Jharkhand High Court
Prince Khan vs The State Of Jharkhand on 8 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1509 of 2019
....
1. Prince Khan
2. Godwin Khan
3. Banti [email protected] Banty Khan @ Bunty Khan ...... 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 : Md. Zaid Ahmed, Advocate
For the State : None.
......
06/08.02.2023 Heard learned counsel for the petitioner no. 2, Godwin
Khan and petitioner no. 3, Banti [email protected] Banty Khan @ Bunty
Khan . However, no one appears on behalf of the State.
2. I. A. No. 11457 of 2022 has been filed on behalf of the
petitioner no. 2, Godwin Khan and petitioner no. 3, Banti [email protected]
Banty Khan @ Bunty Khan for suspension of sentence and for
grant of bail, during pendency of the present Criminal Revision
Application.
3. The present Criminal Revision No. 1509 of 2019 has been
filed on behalf of the petitioners challenging the judgment dated
21.09.2019 passed by the learned Additional Sessions Judge-VIII,
Dhnbad in Criminal Appeal No. 99 of 2019 by which the learned
Additional Sessions Judge-VIII, Dhnbad has dismissed the
Criminal Appeal No. 99 of 2019 by affirming the judgment of
conviction and order of sentence dated 21.05.2019 passed by the
Ms. Shruti Soren, Judicial Magistrate, 1st Class, Dhanbad in
connection with Bankmore P.S. Case No. 121 of 2018
corresponding to G. R. No. 2047 of 2018 whereby the petitioners
have been convicted for the offence under Sections 386/34 of the
Indian Penal Code and have been sentenced to undergo R.I. for a
period of three (3) years each and to pay fine of Rs. 300/- each
under Section 386 of the Indian Penal Code.
4. It is submitted by the learned counsel for the petitioner no.
2, Godwin Khan and petitioner no. 3, Banti [email protected] Banty Khan
@ Bunty Khan that the judgments and sentence passed by the
learned Courts below are not sustainable in the eyes of law. It is
submitted that there is delay in lodging the F.I.R. It is submitted
that co-accused namely Rajjan Khan has been granted bail by the
Co-ordinate Bench of this Court vide order dated 16.04.2020 in
Criminal Revision No. 1444 of 2019 and another co-accused
namely Iqbal Khan @ Eqbal Khan has been granted bail by this
Court vide order dated 09.05.2022 in Criminal Revision No. 1500
of 2019. It is submitted that the general and common allegations
were levelled these petitioner in the FIR. However, during course
of evidence, it has been controverted that the petitioner no. 2,
Godwin Khan has pointed out the pistol upon the informant. It is
submitted that the petitioner no. 2, Godwin Khan is in custody for
around one (1) year and ten (10) months and petitioner no. 3, Banti
[email protected] Banty Khan @ Bunty Khan is in custody for around one
(1) year and nine (9) months and as such, they may be enlarged on
bail.
5. No one appears on behalf of the State on repeated call.
6. Perused the Records and considered the submissions of both
the sides.
7. It transpires that co-accused namely Rajjan Khan has been
granted bail by the Co-ordinate Bench of this Court vide order
dated 16.04.2020 in Criminal Revision No. 1444 of 2019 and
another co-accused namely Iqbal Khan @ Eqbal Khan has been
granted bail by this Court vide order dated 09.05.2022 in Criminal
Revision No. 1500 of 2019.
8. It appears that the petitioner no. 2, Godwin Khan is in
custody for around one (1) year and ten (10) months and petitioner
no. 3, Banti [email protected] Banty Khan @ Bunty Khan is in custody for
around one (1) year and nine (9) months.
9. Considering the facts and circumstances of the case and
also considering the custody of the petitioner no. 2, Godwin Khan
and petitioner no. 3, Banti [email protected] Banty Khan @ Bunty Khan,
during pendency of the Criminal Revision Application, petitioner
no. 2, Godwin Khan and petitioner no. 3, Banti [email protected] Banty
Khan @ Bunty Khan are directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
Ms. Shruti Soren, Judicial Magistrate, 1st Class, Dhanbad or Her
Successour Court in connection with Bankmore P.S. Case No. 121
of 2018 corresponding to G. R. No. 2047 of 2018 subject to
condition that one of the bailors must be own relative of the
petitioner and petitioner no. 2, Godwin Khan and petitioner no. 3,
Banti [email protected] Banty Khan @ Bunty Khan shall also file their
respective Undertaking not to commit such type of crime in future
again, failing which prosecution will be at liberty to take steps for
cancellation of their bail.
10. Thus, I.A. No. 11457 of 2022 is allowed and stands
disposed of.
Let a copy of this order be sent to the office of Senior
Superintendent of Police, Dhanbad for the needful.
Criminal Revision No. 1509 of 2019
11. Admit.
12. Put up this case in the month of January, 2024 under the
heading "For Hearing".
(Sanjay Prasad, J.)
Kamlesh/
