Jharkhand High Court
Kishori Mandal vs The State Of Jharkhand on 21 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.19 of 2020
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1. Kishori Mandal
2. Kishore @ Kishori Mandal @ Kishor Mandal
3. Haradhan Mandal
4. Turi Mandal
5. Ram Prasad Mandal
6. Harihar Mandal
7. Bisho Mandal @ Bishu Mandal ... Petitioners
-Versus-
1. The State of Jharkhand
2. Jagan Mandal ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. A.K. Chaudhary, Advocate
For the State : Mr. Nawin Kr Singh, A.P.P.
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Order No.07 Dated 21st February, 2023
I.A No.1168 of 2023
The present Criminal Revision Application has been filed on
behalf of the petitioners by challenging the judgment dated 09.12.2019
passed in Criminal Appeal No.02 of 2016 by the learned Additional
Sessions Judge-V, Deoghar, by which, the said Criminal Appeal has
been dismissed by affirming the judgment of conviction and order
of sentence dated 17.12.2015 passed by Sri. Sanjay Kumar Singh
No.III, Sub-Divisional Judicial Magistrate, Deoghar in connection
with Sarawan P.S Case No.31/2006, arising out of G.R No.276/2006
corresponding to T.R No.1828 of 2015, by which, the petitioners
have been convicted for the offences under Sections 147, 148, 323
and 324 of the Indian Penal Code and have been sentenced to
undergo Rigorous Imprisonment for a period of two (02) years each,
Rigorous Imprisonment for a period of three (03) years each,
Rigorous Imprisonment for a period of one (01) year each, Rigorous
Imprisonment for a period of three (03) years each, respectively and
all the sentences have been directed to run concurrently.
2. The present Interlocutory Application being I.A No.1168 of 2023
has been filed on behalf of the petitioners for grant of bail during the
pendency of this Criminal Revision Application.
3. Heard Mr. A.K. Chaudhary, learned counsel for the petitioner and
Mr. Nawain Kr Singh, learned counsel for the State.
4. It is submitted by the learned counsel for the petitioners that
the judgments and order passed by the learned Court below are not
sustainable in the eyes of law. It is further submitted that both the
sides are own Gotia and there is previous land dispute between the
parties. It is further submitted that the learned Courts below have not
properly appreciated the evidence of witnesses examined during the
trial. It is further submitted that although three persons are said to be
injured but all the injured had sustained simple injuries. It is further
submitted that the petitioners are in custody since 16.01.2023 and
hence, they may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the prayer for bail and has further submitted that all the petitioners
are named in the F.I.R and they have assaulted the Informant and
two other ladies namely, Hemanti Devi and Devanti Devi. It is
further submitted that the P.W.6 i.e, Jagan Mandal is the Informant
of this case, who has fully supported the occurrence. It is further
submitted that the P.W.1 and P.W.2 namely, Hemanti Devi and
Devanti Devi, are injured ladies and they have also supported the
allegation against this petitioner.
6. Perused the F.I.R and I.A No.1168 of 2023 and considered the
submission on behalf of the parties.
7. It appears that both the sides are own Gotia. It further
transpires that from the judgment passed by the learned Trial Court,
it would appear that the injuries sustained by P.W.1 Devanti Devi
and P.W.2 Hemanti Devi are in simple in nature.
8. Considering the period of custody of the petitioner and on the
facts and in the circumstances of this case, during pendency of this
Criminal Revision, the petitioner Nos. 1 to 7 namely, Kishori Mandal,
Kishore @ Kishori Mandal @ Kishor Mandal, Haradhan Mandal, Turi
Mandal, Ram Prasad Mandal, Harihar Mandal, Bisho Mandal @ Bishu
Mandal, 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 Sri. Sanjay Kumar Singh
No.III, learned Sub-Divisional Judicial Magistrate, Deoghar or his
Successor Court in connection with Sarawan P.S Case No.31/2006,
arising out of G.R No.276/2006 corresponding to T.R No.1828 of
2015, subject to the condition that one of the bailors must be own
relative of each of the petitioners.
9. Accordingly, I.A No.1168 of 2023 is allowed and stands disposed
of.
Criminal Revision No.19 of 2020
10. Admit.
11. Call for the scanned copies of the Lower Court Records.
12. Learned counsel for the petitioner is directed to implead the
Informant as Opposite Party No.2 during course of the day.
13. Issue notice upon the newly added Opposite Party No.2 by
registered cover with A/D as well as under ordinary process, for which
requisites etc., must be filed within a period of two weeks from today.
14. Accordingly, put up this case on 05.04.2023, under an appropriate
heading.
(Sanjay Prasad, J.)
Raja/
