Jharkhand High Court
Sudama Yadav vs The State Of Jharkhand on 17 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 811 of 2022
1.Sudama Yadav
2.Deo Nandan Yadav
3.Nandu Yadav
4.Lalan Yadav
5.Ashok Yadav
6.Deelip Yadav
7.Lakhan Yadav
8.Jai Yadav @ Ajay Yadav
9.Naresh Yadav
10.Suresh Yadav
11. Shiv Nandan Yadav --- --- Petitioners
Versus
The State of Jharkhand --- --- Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate
For the State : Mrs. Amrita Kumari, A.P.P.
For the Informant : Mr. Manoj Kumar No.-II, Advocate
I.A. No. 5584 of 2023
05/17.07.2023 Heard learned counsel for the petitioner and the learned counsel
for the informant assisted by the learned A.P.P on the prayer of the
petitioners to enlarge them on bail during pendency of this revision
application.
2. The instant revision application is directed against the judgment
dated 30.06.2022 passed in Criminal Appeal No. 48 of 2018 by the court
of learned Additional Sessions Judge-VI- cum- Special Judge, Anti-
Corruption Bureau, Palamu at Daltonganj whereby the learned appellate
court has dismissed the appeal and affirmed the judgment of conviction
and order of sentence dated 13.06.2018 passed in G.R. Case No. 1541 of
2010 corresponding to T.R. No. 1480 of 2018 arising out of Chatterpur
P.S. Case No. 94 of 2010 by the court of learned Judicial Magistrate 1st
Class, Palamau at Daltonganj whereby the petitioners have been
convicted for the offence punishable under Sections 325,323, 341 of the
IPC and have been sentenced to undergo S.I. for 2 years with a fine of
Rs.2000/- and a default sentence u/s 325 IPC;S.I. for 6 months u/s 323
IPC and S.I. for 1 month u/s 341 IPC.
3. It is submitted that all the 11 petitioners have surrendered on
26.06.2023 and since then they are in jail. Further, it has been pointed
out that all of them have been convicted u/s 325, 323 and 341 IPC and
the maximum sentenced imposed is 2 years with a fine of Rs. 2000/-. It
is further submitted that petitioners are ready to deposit the fine amount
as imposed by the learned court below without being prejudiced to their
right of defence by way of compensation to give it to the injured persons
and further it is submitted that this criminal revision is not likely to be
heard in near future and therefore, it is urged on behalf of the petitioners
to enlarge them on bail.
4. Learned counsel for the informant and the learned A.P.P. have
opposed to the contentions raised on behalf of the petitioners and
submitted that impugned judgment in the criminal appeal has been
passed on 30.06.2022 however, the petitioners have surrendered on
26.06.2023 after a gap of about one year and therefore it is submitted
that petitioners do not deserve to be enlarged on bail. Further, it has been
pointed out that five persons have been injured in this case.
5. Having heard learned counsel for the parties, perused the record
of the case.
6. Having taken into consideration the aforesaid submission
advanced on behalf of the learned counsel for the petitioners, it is just
and proper to enlarge the petitioners on bail.
7. Accordingly, the petitioners, named above are directed to be
enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) each with two sureties of the like amount each, to
the satisfaction of learned Judicial Magistrate, 1st Class, Palamau in
connection with G.R. Case No. 1541 of 2010 corresponding to T.R. No.
1480 of 2018 arising out of Chatterpur P.S. Case No. 94 of 2010 with
further subject to the condition that each of the petitioners deposits the
fine amount of Rs.2000/- as awarded by the learned court below under
all the counts, before furnishing bail bond, by way of compensation in
order to give it to the injured persons equally i.e., P.W.4 Mohri Devi;
P.W.5 Ashok Yadav; P.W.6 Saudagar Yadav (informant) and P.W.7
Santosh Yadav and one Munni Kumari ( daughter of the informant)
without being prejudice to the right of defence of the petitioners.
On deposit of the said fine amount by the petitioners, learned
court below shall issue notice upon the injured persons and on their
appearance and proper identification, the said fine amount be distributed
amongst them equally without being prejudiced to the right of the
defence of the petitioners.
8. Petitioners are also directed to submit the money receipt before
this Court after deposit of the said fine amount within a period of 1
Months. Accordingly, I.A. No. 5584 of 2023 is allowed.
Cr. Revision No. 811 of 2022
This criminal revision is admitted for hearing.
Let the scanned copy of the lower court record be called for in
connection with Criminal Appeal No. 48 of 2018 and G.R. Case No.
1541 of 2010 corresponding to T.R. No. 1480 of 2018 arising out of
Chatterpur P.S. Case No. 94 of 2010 from the court learned Additional
Sessions Judge-VI-cum-Special Judge, Anti-Corruption Bureau,
Palamau at Daltonganj and the court of learned Judicial Magistrate 1 st
Class, Palamu respectively.
(Navneet Kumar, J.)
A.Mohanty
