Citation : 2023 Latest Caselaw 1903 Jhar
Judgement Date : 3 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1244 of 2023
Sudarshan Kumar Varutha @ Sudarshan Kumar Barutha
... ... Petitioner
Versus
The State of Jharkhand ... ...Opposite party
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner :Mr. Anuj Kr. Trivedi, Adv.
Mr. Shubham Kumar, Adv.
For the State : Mr. Rajnish Vardhan, Adv.
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03/03.05.2023 Defects as pointed out by the office is hereby ignored.
2. The instant application has been preferred by the petitioner praying for modification of the judgment dated 12.10.2022 passed in Cr. Rev. No.425/2007, whereby conviction was confirmed; however, the sentence was modified to the extent that the petitioner was sentenced to undergo for the period already undergone subject to payment of fine of Rs.3,000/- before the Secretary, DLSA, Dhanbad within a period of Four months from the date of order, failing which he shall serve the rest of the sentence as directed by the learned trial court.
3. Learned counsel for the petitioner submits that due to communication gap the said fine amount could not be tendered before the court concerned and now the petitioner undertakes to comply the order within the specified period as may be granted by this Court. In this view of the matter learned counsel for the petitioner prays that the order 12.10.2022 passed in Cr. Rev. No.425/2007 may be modified to the extent that the petitioner may be granted liberty to deposit the aforesaid fine amount within a further period of Four Weeks from today.
4. Learned APP does not have any serious objection.
5. In view of the aforesaid facts and circumstances of the case and arguments adduced by the parties, the order 12.10.2022 passed in Cr. Rev. No.425/2007, is
hereby, modified to the extent that the petitioner is directed to pay the fine amount of Rs.3,000/- before the Secretary, DLSA, Dhanbad within a further period of Three Weeks from the date of receipt of a copy of this order.
6. It is made clear that the petitioner shall be discharged from the liability of his bail bonds only on the fulfillment of the aforesaid condition.
7. With the aforesaid modification in the order dated the 12.10.2022 passed in Cr. Rev. No.425/2007, the instant Cr.M.P. stands allowed and disposed of.
8. Let a copy of this order be sent to the court concerned through "FAX".
(Deepak Roshan, J.)
Fahim/-
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