Jharkhand High Court
Deodat Kumar Singh vs The State Of Jharkhand on 17 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.850 of 2022
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Deodat Kumar Singh ... Petitioner
-Versus-
1. The State of Jharkhand
2. Sukara Oraon ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Naresh Pd Thakur, Advocate
For the State : Mrs. Snehlika Bhagat, A.P.P.
For the O.P No.2. : Mr. Satish Kumar
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Order No.05 Dated 17th January, 2023
I.A No.9540 of 2022
The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated 23.11.2019
passed in Criminal Appeal No.31 of 2017 by the learned Additional
Sessions Judge-IV, Lohardaga, by which, the said Criminal Appeal
has been dismissed and the bail of the petitioner has been rejected
and thereby, affirming the order dated 10..04.2017 passed by Sri.
Nirupam Kumar, Sub-Divisional Judicial Magistrate, Lohardaga in
connection with Senha P.S Case No.58 of 2013, arising out of G.R
No.349 of 2013 corresponding to T.R No.65 of 2017, by which, the
petitioner has been convicted for the offences under Section 279 and
304-A of the I.P.C and has been sentenced to undergo Rigorous
Imprisonment for a period of six (06) months and to pay a fine of
Rs.1,000 for the offence under Section 279 of the IPC and he has
further been sentenced to undergo Rigorous Imprisonment for a
period of one (01) year and to pay the fine of Rs.5,000/- for the
offence under Section 304-A of the IPC and in default of payment
of fine, he has further been sentenced to undergo Simple
Imprisonment for a period of 15 days and all the sentences have been
directed to run concurrently.
2. The present Interlocutory Application being I.A No.9540 of
2022 has been filed on behalf of the petitioner for grant of bail
during pendency of the present Criminal Revision.
3. Heard Mr. Naresh Pd Thakur, learned counsel for the petitioner and
Mrs. Snehlika Bhagat, learned counsel for the State and Mr.Satish Kumar,
learned counsel for the O.P No.2.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent and he was not driving the vehicle negligently.
It is further submitted that the judgments and order passed by the
learned Court below are not sustainable in the eyes of law. It is
further submitted that the daughter of the Informant learnt about the
name of the driver with her friends. It is further submitted that there
is no eye-witness of the occurrence. It is further submitted that the
petitioner is in custody since 07.09.2022 and hence, he may be
enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the prayer for bail.
6. Learned counsel for the O.P No.2 has opposed the prayer for
bail of the petitioner and has submitted that the petitioner was
driving the vehicle negligently and which has resulted into the death
of the deceased namely, Kumari Oraon, although, she had sustained
injury and had died during the treatment. It is further submitted that
nothing has been paid to the family members of the Informant.
7. Perused the FIR and the report sent by Sri. Rajesh Kumar-II,
Secretary, DLSA,, Lohardaga and also considered the submission on
behalf of the parties.
8. From the report sent by Sri. Rajesh Kumar-II, Secretary,
DLSA, Lohardaga, it would appear that no amount has been
Awarded to the victim girl under the Victim Compensation Scheme
and has stated that no Compensation Case has been filed by the
family members of the deceased.
9. It transpires that the petitioner is in custody since 07.09.2022.
10. Considering the aforesaid facts and in the circumstances of this
case during pendency of this Criminal Revision, the petitioner
namely, Deodat Kumar Singh, is directed to be released on provisional
bail for a period of four months from today, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of Sri. Nirupam Kumar, Sub-
Divisional Judicial Magistrate, Lohardaga or his Successor Court in
connection with Senha P.S Case No.58 of 2013, arising out of G.R
No.349 of 2013, corresponding to T.R No.65 of 2017, subject to the
condition that one of the bailors must be own relative of the
petitioner.
Criminal Revision No.850 of 2022
11. Accordingly, put up this case on 28th March, 2023.
(Sanjay Prasad, J.)
Raja/-
