Jharkhand High Court
Nand Kishore Jha vs The State Of Jharkhand on 3 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1406 of 2019
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Nand Kishore Jha ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rama Kant Tiwari, Advocate
For the State : Mr. Sanat Kumar Jha, A.P.P.
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08/03.03.2023 The present Criminal Revision No. 1406 of 2019 has
been filed by the petitioner challenging the judgment dated
19.07.2019 passed in Criminal Appeal No. 78 of 2018 by the
learned Additional Sessions Judge-II, Bokaro by which the
Criminal Appeal No. 78 of 2018 has been dismissed with
modification in the judgment of conviction and order of sentence
dated 28.04.2017 passed by Smt. Nirmala Barla, Judicial
Magistrate, 1st Class, Bokaro in connection with Sector-XII P.S.
Case No. 54 of 2007 corresponding to G. R. No. 223 of 2007/Tr.
Register No. 410 of 2017 and learned Additional Sessions Judge-
II, Bokaro has acquitted the petitioner for the offence under
Section 420 of the Indian Penal Code and upheld the conviction
for the offence under Section 406 of the Indian Penal Code by
which the petitioner has been sentenced to undergo S. I. for a
period of one (1) year for the offence under Section 406 of the
Indian Penal Code. Although, vide judgment of conviction and
order of sentence dated 28.04.2017 passed by Smt. Nirmala Barla,
Judicial Magistrate, 1st Class, Bokaro in connection with Sector-
XII P.S. Case No. 54 of 2007 corresponding to G. R. No. 223 of
2007/Tr. Register No. 410 of 2017, petitioner has been convicted
for the offences under Sections 406 and 420 of the Indian Penal
Code and has been sentenced to undergo S. I. for a period of one
(1) year for the offence under Section 406 of the Indian Penal
Code and to pay fine of Rs. 5000/- and has been sentenced to
undergo S. I. for a period of two (2) years for the offence under
Section 420 of the Indian Penal Code and to pay fine of Rs.
5,000/-. All the sentences have been directed to run concurrently.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. It is submitted by the learned counsel for the petitioner
that judgments and order passed by the learned Court below are
not sustainable in the eyes of law. It is submitted that there is
contradiction in the statement of the witnesses and the petitoner
has acquitted by the learned Appellate Court for the offence under
Section 420 of the Indian Penal Code and however, conviction has
been upheld for the offence under Section 406 of the Indian Penal
Code. It is submitted that this is a case where two cases i.e. Sector-
XII P.S. Case No. 54 of 2007 and complaint case being C. P. Case
have been lodged for the same amount of Rs. 1,50,000/-. It is
submitted that the petitioner is in custody since 17.01.2023 and
earlier he was also in custody for certain period and as such, the
petitioner may be enlarged on bail.
4. Learned counsel for the State has opposed the prayer.
5. It appears that the opposite party no. 2 had instituted
Sector-12 P.S. Case No. 54 of 2007 under Sections
341/323/504/379/406/420 of the Indian Penal Code against the
petitioner for assaulting him when he had gone to the house of the
petitioner and his wife for demanding his money.
6. It appears that two cases have been instituted by the
opposite party no. 2.
7. Considering the custody of the petitioner and considering
the fact that two cases have been instituted, during pendency of
this Criminal Revision Application, the petitioner namely Nand
Kishore Jha is directed to be released on provisional bail for a
period of four months from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand only) with two sureties of the like amount
each to the satisfaction of Smt. Nirmala Barla, Judicial
Magistrate, 1st Class, Bokaro or her Successor Court in
connection with Sector-XII P.S. Case No. 54 of 2007
corresponding to G. R. No. 223 of 2007/Tr. Register No. 410 of
2017.
Criminal Revision No. 1406 of 2019
8. Learned counsel for the petitioner is directed to implead
the informant as opposite party no. 2 in this case during course of
the day.
9. Issue notice to the newly added opposite party no. 2 as to
why this Criminal Revision Application be not admitted and/or
disposed of at the admission stage itself and for which requisites
etc. under registered cover with A/D and ordinary process must be
filed two weeks after Holi Vacation, failing which, this Criminal
Revision Application shall stand dismissed without further
reference to the Bench.
10. If requisites are filed, put up this case on 26.04.2023.
(Sanjay Prasad, J.)
Kamlesh/
