Jharkhand High Court
Chandan Singh @ Chandan Kumar ... vs The State Of Jharkhand on 24 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 785 of 2022
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Chandan Singh @ Chandan Kumar Singh ... ... 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. Amit Kumar Sinha, Advocate
For the State : Mr. Vishwanath Roy, APP
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Order No. 07: Dated: 24th January, 2023
IA No. 11670 of 2022
Heard learned counsels for the parties.
Mr. Amit Kumar Sinha, learned counsel appearing on behalf of
the petitioner has submitted that one Interlocutory Application
bearing IA No. 11670 of 2022 has been filed with a prayer to enlarge
the petitioner on bail.
Learned counsel for the petitioner has submitted that the
present Criminal Revision Application has been filed against the
judgment and order dated 25.04.2022 passed in Criminal Appeal No.
65 of 2019 by the learned Sessions Judge, Dumka in connection with
Dumka Town PS Case No. 158 of 2018 corresponding to GR No. 805 of
2018, whereby and whereunder, the petitioner was found guilty for
the offence punishable under Sections 394 and 365 read with Section
34 of the Indian Penal Code and sentenced him to undergo Rigorous
Imprisonment for three years for the offence under Section 394 read
with Section 34 of the Indian Penal Code with a fine of Rs.5000/- and
in default of payment of fine Simple Imprisonment for three months,
further, sentenced to undergo Rigorous Imprisonment for two years
for the offence under Section 365 read with Section 34 of the Indian
Penal Code with a fine of Rs.3000/- and in default of payment of fine
Simple Imprisonment for one month and he was acquitted for the
offence under Section 354 of the Indian Penal Code.
It has further been pointed out by the learned counsel for the
petitioner that the petitioner has surrendered in the learned Court
below on 20.06.2022 and since then he has been languishing in jail.
Further, it has been pointed out that on earlier occasion during the
course the trial he had been in the jail from 12.07.2018 till 27.02.2019
and thus he has remained in custody for more than one year and three
months.
It has further been pointed out that the learned lower appellate
Court has committed gross error in appreciating the deposition of
PW4, who is the informant/victim himself as he has resiled from his
earlier statement that four accused persons involved in the
commission of offence and later on, he did not take the name of other
accused person other than this petitioner.
It has also been submitted that PW5 was the another victim, for
the offence under Section 354 of the Indian Penal Code but she totally
negated the case of the prosecution and as a result he has been
acquitted for the offence under Section 354 of the Indian Penal Code. It
has further been pointed out that PW7, the Investigating Officer of this
case has also denied the preparation of seizure list in front of the
accused and seizure list witness has not supported the case of the
prosecution and, therefore, it is urged that the petitioner may be
enlarged on bail.
On the other hand, Mr. Vishwanath Roy, learned APP
appearing on behalf of the State has opposed the contentions raised on
behalf of the petitioner and submitted that this petitioner has also been
identified in Test Identification Parade and the seizure-list witnesses
although stated that the seized articles were not seized before him but
they have identified their signature on the seizure list and, therefore,
he may not be deserved to enlarge on bail.
Having taken into consideration the fact and the persuasive
submissions advanced by the learned counsel appearing on behalf of
petitioner, this petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only)
with two sureties of the like amount each, to the satisfaction of learned
Sessions Judge, Dumka in connection with Dumka Town PS Case No.
158 of 2018, corresponding to GR Case No. 805 of 2018.
Accordingly, IA No. 11670 of 2022 is disposed of.
The original Lower Court Records be called for.
(Navneet Kumar, J.)
Madhav/-
