Jharkhand High Court
Kameshwar Paswan vs The State Of Jharkhand on 21 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 281 of 2020
....
1. Kameshwar Paswan
2. Butan Mahto @ Butan Prasad Mahto ...... Petitioners
Versus
The State of Jharkhand ...... Opp. Party
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the petitioner : Mr. Sahil, Advocate
Mr. Avilash Kumar, Advocate
For the State : Mr. Achinto Sen, A. P. P.
.....
I.A. No. 1652 of 2023
10/21.02.2023 The present Criminal Revision No. 281 of 2020 has been
filed on behalf of the petitioners challenging the judgment dated
26.11.2019 passed in Criminal Appeal No. 56 of 2019 and
Criminal Appeal No. 57 of 2019 by the Additional Sessions
Judge-1st-FTC, Bokaro whereby Additional Sessions Judge-1st-
FTC, Bokaro has dismissed the Criminal Appeal and affirmed the
judgement of conviction and order of sentence dated 08.03.2019
passed by Sri Manoranjan Kumar, Sub-Divisional Judicial
Magistrate, Bokaro in connection with Chandankiyari P. S. Case
No. 80 of 2000 corresponding to G. R. No. 847 of 2000 (T.R. No.
519 of 2019) by which the petitioners have been convicted for the
offences under Sections 120(B) and 420 and 409 of the Indian
Penal Code and have been sentenced to undergo S. I. for a period
of one (1) and half (1/2) years for the offence under Section
120(B) of the Indian Penal Code and have been sentenced to
undergo S. I. for a period of three (3) years and to pay a fine of Rs.
5,000/- for the offence under Section 420 of the Indian Penal
Code and have been sentenced to undergo S. I. for a period of
three (3) years and to pay a fine of Rs. 5,000/-for the offence under
Section 409 of the Indian Penal Code.
All the sentences have been directed to run concurrently.
2. I.A. No. 1652 of 2023 has been filed on behalf of the
petitioner no. 2, Butan Mahto @ Butan Prasad Mahto for
suspension of sentence and for grant of bail to the petitioner no. 2,
Butan Mahto @ Butan Prasad Mahto, during pendency of the
present Criminal Revision Application.
3. Heard learned counsel for the petitioner no. 2, Butan
Mahto @ Butan Prasad Mahto and learned APP for the State.
4. It is submitted by the learned counsel for the petitioner no.
2, Butan Mahto @ Butan Prasad Mahto that the judgments and
order passed by the learned Court below are not sustainable in law.
It is submitted that the learned Court below has failed to appreciate
the contradicting statement in the evidence of the prosecution
witnesses. It is submitted that the petitioner no. 2, Butan Mahto @
Butan Prasad Mahto was Jan Sewak and has worked under the
instruction of BDO and however, during course of
enquiry/investigation, one Nawin Kumar, the BDO, Chandankiary,
has not been proceeded with, who had passed the order in favour
of the beneficiaries, rather the petitioner no. 2, Butan Mahto @
Butan Prasad Mahto has been made scapegoat with other co-
accused persons. It is submitted that even the learned Court below
has not able to find allegation against the petitioner no. 2, Butan
Mahto @ Butan Prasad Mahto and has observed that the Court has
not found any specific allegation against him except conspiracy. It
is submitted that co-accused Haru Mahto, who is one of co-
accused and the middle man, was the instrumental, has been
granted bail by this Court in Criminal Revision No. 262 of 2020
vide order dated 14.09.2022. It is submitted that the petitioner no.
2, Butan Mahto @ Butan Prasad Mahto was in custody during trial
for more than three (3) months and after conviction from the
Appellate Court, the petitioner no. 2, Butan Mahto @ Butan
Prasad Mahto is in custody from 22.03.2022 i.e. for around more
than eleven (11) months i.e. total period of custody will be
fourteen (14) months and as such, and as such, the petitioner no. 2,
Butan Mahto @ Butan Prasad Mahto may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted that the petitioner
no. 2, Butan Mahto @ Butan Prasad Mahto was instrumental in
conspiracy with other accused persons by which beneficiaries have
been denied the benefit of subsidy. It is submitted that the
petitioner no. 2, Butan Mahto @ Butan Prasad Mahto was also in
collusion with the BDO and the witnesses P.W. -1, Jagat Bouri,
P.W.-2, Avinash Bouri, P.W.-3, Parikshit Bouri, P.W.-4, Jhabi Devi
and P.W.-5, Mina Thakur and other prosecution witnesses have
supported the allegation of conspiracy against the petitioner no. 2,
Butan Mahto @ Butan Prasad Mahto for submission and as such,
prayer for bail of the petitioner no. 2, Butan Mahto @ Butan
Prasad Mahto is fit to be rejected.
6. Perused the Records and considered the submission of
both the sides.
7. It transpires that the petitioner no. 2, Butan Mahto @
Butan Prasad Mahto was Jan Sewak and was working along with
one Nawin Kumar BDO, Chandankiary,. However, the police has
not proceeded against the said Nawin Kumar BDO, Chandankiary.
It transpires that co-accused Haru Mahto has been granted bail by
this Court in Criminal Revision No. 262 of 2020 vide order dated
14.09.2022.
8. It appears that the petitioner no. 2, Butan Mahto @ Butan
Prasad Mahto was in custody during trial for more than three (3)
months and after conviction from the Appellate Court, the
petitioner no. 2, Butan Mahto @ Butan Prasad Mahto is in custody
from 22.03.2022 i.e. for around more than eleven (11) months i.e.
total period of custody will be fourteen (14) months.
9. Considering the facts and circumstances of the case, the
petitioner no. 2, Butan Mahto @ Butan Prasad Mahto 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 Sri Manoranjan Kumar, Sub-Divisional Judicial
Magistrate, Bokaro or his Successor Court in connection with
Chandankiyari P. S. Case No. 80 of 2000 corresponding to G. R.
No. 847 of 2000 (T.R. No. 519 of 2019) subject to the condition
that one of the bailors must be own relative of the petitioner no. 2,
Butan Mahto @ Butan Prasad Mahto.
Accordingly, I.A. No. 1652 of 2023 is allowed and stands
disposed of.
Criminal Revision No. 281 of 2020
Admit.
Issue notice.
Call for the scanned copy of the Lower Court Records.
Put up this case in the month of January, 2024 under the
heading "For Hearing".
(Sanjay Prasad, J.)
Kamlesh/
