Kamlesh Kumar vs The State Of Jharkhand
2023 Latest Caselaw 1405 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No.814 of 2022

        Kamlesh Kumar                      .....   Petitioner
                                 Versus
        The State of Jharkhand             ....      Opp. Party


               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Petitioner           :    Mr. Nilesh Kumar, Advocate
        For the State                :    Mr. V.K. Vashistha, Spl. P.P
                                 -----

4/29.03.2023 Heard learned counsel appearing on behalf of the petitioner and learned concerned APP appearing on behalf of the State.

IA No. 2964 of 2023 Learned defence counsel appearing on behalf of the petitioner submitted that IA No. 2964 of 2023 has been filed on behalf of the petitioner with a prayer to release the petitioner on bail during pending of this criminal revision, which has been preferred against the judgment dated 04/07/2022 passed by the court of learned Session Judge, Kodarma in criminal appeal No. 118 of 2018 whereby and where under the learned appellate court has confirmed the judgement of conviction and order of sentence passed by the learned trial court of learned Chief Judicial Magistrate, Kodarma in connection with G.R. Case No.867 of 2015, T.R. Case No.283 of 2018.

It has been pointed out on behalf of the petitioner that the petitioner has surrendered before the learned court below on 16/02/2023 after passing of the judgement in criminal appeal No. 118 of 2018 and since then he is in jail. Learned counsel appearing on behalf of the petitioner submitted that the IO in this case has not been examined and therefore it has caused prejudice to the defence of the petitioner in view of the fact that he did not get the opportunity to draw the attention of the prosecution about the alleged rash and negligent act committed within the meaning of section 304-A of IPC and further the date, time and place of occurrence could not be proved

as per the established procedure of evidence law in absence of the examination of the IO. Further it has also been pointed out that two heavy vehicles, including the truck and bus have collided with each other and this petitioner is said to be the driver of the truck and therefore in this view of matter of rash and negligent driving could not be proved in this case because of non-examination of the IO and therefore this petitioner deserves to be enlarged on bail.

On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner.

Having heard the parties, perused the record of this case. In the light of persuasive submission advanced on behalf of the petitioner, it is found just and proper to enlarge the petitioner on bail during pending of this criminal revision.

Accordingly the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Kodarma, in connection with G.R. Case No.867 of 2015, T.R. Case No.283 of 2018, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the condition that a sum of ₹10,000/- be deposited by the petitioner in the government exchequer through the Nazarat of concerned civil court without being prejudiced to the right of defence.

IA No. 2964 of 2023 gets disposed of accordingly. This criminal revision is admitted for hearing. Let the a scanned copy of the lower court record be called for from the court below concerned and let this case be listed under the heading for seriatim.

(Navneet Kumar, J.) R.Kumar