Jharkhand High Court
Amar Singh vs The State Of Jharkhand on 30 January, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.798 of 2022
1. Amar Singh
2. Ranjit Singh
3. Jay Singh
4. Vijay Singh
5. Rajeshwar Singh ..... Petitioners
Versus
The State of Jharkhand .... Opp. Party
With
Cr. Revision No.459 of 2022
Baikunth Ravidas ..... Petitioner
Versus
The State of Jharkhand & Anr. .... Opp. Parties
With
Cr. Revision No.782 of 2022
Puna Choudhary ..... Petitioner
Versus
The State of Jharkhand .... Opp. Party
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioners : Mr. B.M. Tripathy, Advocate
Mr. Naveen Kr. Jaiswal, Advocate
Mr. Binod Kumar, Advocate
Mr. Mukesh Bihari Lal, Advocate
(Advocates in respective cases)
For the State : Ms. Amrita Kumari, APP
Mr. Manoj Kr. Mishra, APP
Mr. Shiv Shankar Kumar, APP
(APPs. In respective cases)
-----
8/30.01.2023 Learned senior Counsel Mr. B.M. Tripathi appearing on behalf
of the petitioners submitted that one I.A. No.11655 of 2022 has been
filed on behalf of the petitioner No.3 Jay Singh annexing the surrender
certificate at Annexure - 1 of the said I.A. praying therein to enlarge
the petitioner No.3 on bail during pending of this criminal revision
application.
It has been submitted that this criminal revision application has
been filed by the petitioner No.3 (Jay Singh) one of the accused against
the judgment dated 25.04.2022 passed in Cr. Appeal No.96 of 2019 by
learned Additional Sessions Judge, Dhanbad, for setting aside the
judgment dated 26.04.2019 passed by learned Judicial Magistrate, 1st
Class, Dhanbad, passed in G.R. Case No.733 of 2006, arising out of
Dhanbad P.S. Case No.179 of 2006, whereby all the petitioners
including this petitioner No.3 Jay Singh was convicted for the offences
punishable under Sections 466, 467, 468, 471, 474 and 120-B of IPC and
inter alia this petitioner was sentenced to undergo R.I. for three years
together with a fine of Rs.5,000/- for the offence punishable under
Sections 466, 467, 468, 471 and 474 of IPC and in case of default in
payment of fine, he has to undergo S.I. for six months and this
petitioner was further sentenced to undergo R.I. for two years together
with a fine of Rs.5,000/- for the offence punishable under Section 120-
B of IPC and in case of default of payment of fine, he has to undergo
S.I. for four months and all the sentences were directed to run
concurrently.
It has further been pointed out that vide judgment dated
25.04.2022 passed in Cr. Appeal No.96 of 2019, this petitioner was
acquitted from the charges of Sections 466, 467 and 468 of IPC, but the
conviction and sentence under Section 471, 474 and under Section 120-
B of IPC was affirmed and hence the criminal appeal was partly
allowed.
It has further been pointed out by learned counsel that the
impugned judgment of conviction is not sustainable in law in view of
the fact that the I.O., during the course of cross-examination, has
admitted at para-17 that he has not seized the register in question,
from which the certified copy was issued and it has further been
submitted that no specific role has been has been attributed against
this petitioner and the petitioner is in custody since 13.12.2022 after
the judgment of conviction and order of sentence.
It has also been pointed that similarly situated co-accused
namely Ranjit Singh and Vijay Singh have been enlarged on
provisional bail and also other appellants Puna Choudhary and
Baikunth Ravidas in Cr. Revision 72 of 2022 and Cr. Revision No.459
of 2022 respectively have also been enlarged on bail and therefore it
urged on behalf of petitioner No.3 (Jay Singh) that he may be enlarged
on bail.
On the other hand, learned APP Ms. Amrita Kumari, appearing
on behalf of the State opposed the contentions raised on behalf of the
learned counsel for the petitioners.
Having taken into consideration the persuasive submissions
advanced on behalf of the learned counsel for the petitioner No.3 Jay
Singh, this petitioner No.3 Jai Singh is directed to be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the court of
learned Judicial Magistrate, 1st Class, Dhanbad, in connection with
G.R. Case No.733 of 2006, arising out of Dhanbad P.S. Case No.179 of
2006, subject to the conditions as laid down under Section 439 of Cr.P.C.
Accordingly, the I.A. No. 11655 of 2022 gets disposed of.
Further the provisional bail granted to the petitioner No.2 Ranjit
Singh and petitioner No.4 Vijay Singh is also hereby confirmed.
Accordingly, the I.A. No.9212 of 2022 also gets disposed of.
Let the original lower court records be called for from the court
concerned and after receipt of the original lower court records, let this
Cr. Revision No.798 of 2022 along with Cr. Revision No.459 of 2022
and Cr. Revision No.782 of 2022 be listed for hearing.
(Navneet Kumar, J.)
R.Kumar
