Jharkhand High Court
Amit Kumar Singh @ Raja Raj vs The State Of Jharkhand on 2 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1113 of 2022
Amit Kumar Singh @ Raja Raj --- --- Petitioner
Versus
The State of Jharkhand --- --- Opposite Parties
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate
For the State : Mr. Sunil Kumar Dubey, A.P.P.
05/02.05.2023 1. Heard the learned counsel appearing on behalf of the
petitioner and the learned A.P.P. appearing on behalf of the State on I.A.
No. 484 of 2023.
2. Learned counsel appearing on behalf of the petitioner submitted
that the instant interlocutory application has been filed on behalf of the
petitioner with a prayer to enlarge him on bail during pendency of this
criminal revision application, which has been filed against the judgment
dated 30.07.2022 passed by the court of learned Additional Judicial
Commissioner VII cum Special Judge CBI II (AHD) Ranchi in Criminal
Appeal No. 67 of 2022 whereby and where under the appeal filed by the
petitioner has been dismissed affirming the judgment of conviction and
order of sentence dated 13.05.2022 passed by the learned Additional
Chief Judicial Magistrate, Ranchi in G.R. Case No. 242 of 2020 / T.R.
No. 3601 of 2022 whereby the petitioner / appellant therein was
convicted for the offence under Section 394 of the I.P.C and was
sentenced to undergo R.I. for 6 years with a fine of Rs.10,000/- and in
default of payment of fine, to undergo further R.I. for 3 months.
3. Learned counsel appearing on behalf of the petitioner submitted
that the gist of the allegation is that the informant P.W-2 was alleged to
have been robbed by this petitioner along with the co-accused persons by
assaulting him and inflicting injuries upon the informant at the point of
weapons including knife and pistol. It has been pointed out that the
doctor in this case has not been examined and therefore, the alleged
injuries which are said to have been inflicted at the time of commission
of the offence, has not been substantiated nor any injury report has been
brought on record in order to corroborate the charges of causing injury at
the time of commission of robbing. Further, it has been pointed out that
petitioner is in jail since 23.11.2019 and as such, he has served the
sentence of more than 3 years 5 months and the maximum sentence
awarded to the petitioner is 6 years and this appeal is not likely to be
taken up for hearing in the near future. Therefore, it is urged on behalf
of the petitioner to enlarge him bail during pending of this criminal
revision.
4. On the other hand, the learned A.P.P. appearing on behalf of the
State has opposed the prayer for bail of the petitioner and submitted that
petitioner has been identified by the informant, who was robbed by the
petitioner and co-accused persons.
5. Having heard the parties and perused the record of the case. It is
found that pursuant to the previous order dated 11.04.2023 the learned
A.P.P. was directed to procure the criminal antecedents of the petitioner,
if any. But no report has been filed on behalf of the learned A.P.P.,
although learned A.P.P. submitted that there is no criminal history of this
petitioner.
6. In this view of the matter and in the light of the persuasive
submission advanced on behalf of the petitioner, it is found just and
proper to enlarge the petitioner on bail. Accordingly, the petitioner,
named above, 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 learned Additional Chief Judicial
Magistrate, Ranchi in connection with G.R. Case No. 242 of 2020/T.R.
No. 3601 of 2022, subject to the condition as set out under Section 439
of the Cr.P.C and further subject to the condition that the petitioner shall
pay the entire fine amount of Rs. 10,000/- (Rupees Ten Thousand only)
as awarded by the learned court below by way of compensation in order
to give it to the P.W.2 without being prejudiced to his right of defence.
7. The learned court below is also directed to issue notice to the
P.W.2 when the said find amount is deposited by the petitioner. After his
appearance and on proper identification the said amount of fine i.e.,
Rs.10,000/- (Rupees Ten Thousand) shall be disbursed to P.W.2 without
any prejudice to the rights of the petitioner. I.A. No. 484 of 2023 is
allowed.
8. This criminal revision application is already admitted for hearing
and scanned copy of the LCR has also been received. Accordingly, post
this case under the heading for hearing in seriatum.
(Navneet Kumar, J.)
A.Mohanty
