Jharkhand High Court
Rameshwar Mandal vs The State Of Jharkhand on 21 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1034 of 2022
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1. Rameshwar Mandal
2. Ratan Mandal
3. Lilu Mandal
4. Podey Mandal @ Podo Mandal
5. Panchu Mandal
6. Jagbandhu Mandal
7. Dhiren Mandal
8. Mukesh Mandal
9. Jageshwar Mandal
10. Jitendra Mandal ... ... Petitioners
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioners : Mr. Indu Shekhar Gupta, Advocate
For the State : Mr. Prabir K. Chatterjee, Spl.P.P.
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Order No. 06: Dated: 21st February, 2023
Learned counsels for the parties are present.
Learned counsel appearing on behalf of the petitioners
submits that one I.A. No. 11749 of 2022 has been filed for grant of
bail of the petitioners during the pending of this criminal revision
application.
It has been pointed out on behalf of the petitioner that this
criminal revision application is directed against the judgment dated
06.07.2022 passed in Cr. Appeal No. 19 of 2019 by the court of the
learned Additional Sessions Judge-II, Dumka whereby and where
under the lower appellate court has modified the judgment of
conviction passed by the trial court and held the petitioners guilty
for the offence punishable u/s 341, 323, and 427 r/w section 149 of
IPC except the section 144 of IPC and further the lower appellate
court confirmed the sentence as awarded by the learned trial court
under which all the petitioners were sentenced to undergo SI for 15
days for the offence punishable u/s 341 of IPC and RI for 1 year
each for the offence punishable u/s 323 and 427 of IPC and all the
sentences were ordered to run concurrently.
It has been submitted on behalf of the petitioners that the
informant Balram Mandal-P.W. 3 alleged that all the petitioners had
destroyed their paddy seedlings and also allowed their oxen to
graze the agricultural fields of paddy crops.
It has further been submitted on behalf of the petitioner that it
is admitted case of the prosecution that both the parties had been in
litigating terms for a long period of time as evident from Ext. A, B,
Exts. 4 and 5. It has further been submitted that some of petitioners
are in jail custody since 24.11.2022 and some of them are in custody
since 25.11.2022.
On the other hand learned Spl.P.P. appearing for the State
opposed the contentions raised on behalf of the petitioners.
Having heard the learned counsels for the parties, perused the
record of this case.
In view of the persuasive submissions advanced on behalf of
the petitioners it is found just and proper to extend the privilege of
bail to the petitioners and accordingly, the petitioners are directed to
be enlarged on bail, during the pending of this revision application,
on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Thousands only) each with two sureties of the like amount each, to
the satisfaction of learned Additional Sessions Judge-II, Dumka, in
connection with G.R. Case No. 1196 of 2013 arising out Jama P.S.
Case No. 97 of 2013 subject to the condition as stated u/s 439 of
Cr.P.C.
Accordingly, I.A. No. 11749 of 2022 gets disposed of.
Cr. Revision No. 1034 of 2022
Original LCR has been received.
Let this criminal revision application be admitted.
Let notice be issued to the informant P.W. 3 by both the
process ordinary process as well as by registered cover with A/D
for which requisites etc. must be filed within a period of three
weeks.
Let this case be listed under the heading "For Hearing" after
the appearance of the informant P.W. 3 Balram Mandal.
(Navneet Kumar, J.)
MM
