Jharkhand High Court
Roshan Lal Keshari @ Roshan Lal ... vs The State Of Jharkhand on 24 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1423 of 2022
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Roshan Lal Keshari @ Roshan Lal Keshri ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Rajendra Prasad Gupta, Advocate
For the State : Mrs. Nehala Sharmin, Addl.P.P.
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th
Order No. 03: Dated: 24 February, 2023
Heard, learned counsel appearing on behalf of the petitioner
and learned Addl.P.P. appearing on behalf of the State.
This Criminal Revision Application is directed against the
judgment of conviction and order of sentence dated 29.07.2022 passed
by the learned Additional Chief Judicial Magistrate, Chaibasa in G.R.
Case No.59 of 2018, T.R. No.236 of 2022 whereby and whereunder the
learned court convicted the petitioner for the offence punishable under
Sections 304A, 279 and 337 of IPC and he was sentenced to undergo
rigorous imprisonment for two years and pay a fine of Rs.5,000/- for
the offence punishable under Section 304(A) of IPC and in default of
fine further simple imprisonment of one month, Rigorous
Imprisonment of six months and fine of Rs.500/- under Section 279 of
IPC and in default of fine further simple imprisonment of 15 days and
06 months Rigorous imprisonment and fine of Rs.500/- under Section
337 of IPC and in default of fine further simple imprisonment of 15
days and further the judgment of the lower appellate court dated
13.09.2022 has also been challenged, which was passed by the learned
Sessions Judge, Chaibasa in Criminal Appeal No.63 of 2022 by which
the appeal of the petitioner has been dismissed.
It has submitted that one I.A. No.11766 of 2023 has been filed
on behalf of the petitioner praying therein to enlarge the petitioner on
bail during pending of this criminal revision application.
It has pointed out that petitioner has surrendered in this case
on 18.11.2022 and since he is in jail.
Further, it has been pointed out that it is a case of contributory
negligence on the part of both the motorcycles including the
motorcycle upon which the deceased along with her husband was
travelling and it was fault on the part of the motorcycle rider upon
which the deceased along with her husband, Bablu Das was trvelling.
Further, it has been pointed out that the petitioner is ready to
pay the fine amount which was awarded by the learned court below
under the various sections/ counts by way of compensation to P.W.-2
(Abhimanyu Gope), who was brother of the deceased.
On the other hand, the learned A.P.P. appearing on behalf of
the State opposed the contentions raised on behalf of the petitioner
and submitted that it is a case of rash and negligent driving of the
motorcycle punishable, inter alia, under Section 304(A) of IPC and
therefore, he does not deserve to be enlarged on bail.
Having heard both the parties, perused the record of this case.
In the light of the forceful submission advanced on behalf of the
petitioner, this Court finds that it is just and fair in the interest of
justice to enlarge the petitioner on bail during pending of this revision.
Accordingly, the petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousands
Only) with two sureties of the like amount each, to the satisfaction of
learned Additional Chief Judicial Magistrate, Chaibasa in G.R. Case
No.59 of 2018, corresponding to Majhgaon P.S. Case No.07 of 2018
subject to condition that set out under Section 439 of Cr.P.C. and
further subject to the condition that the entire total fine amount to a
sum of Rs.6,000/- be deposited by way of compensation in order to
give it to P.W.-2 (Abhimanyu Gope), who is the brother of the
deceased.
The learned court below is directed to issue notice to the P.W.-2
(Abhimanyu Gope) and after his appearance and proper identification
the entire fine amount so deposited by the petitioner shall be
disbursed to him.
The original Lower Court Records be called for.
Let it be posted under the heading "For Hearing" in its
seriatim.
I.A. No.11766 of 2022 gets disposed of accordingly.
(Navneet Kumar, J.)
R.S./-
