Jharkhand High Court
Sona Chand Murmu @ Sonachand Murmu vs The State Of Jharkhand on 9 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 431 of 2018
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Sona Chand Murmu @ Sonachand Murmu ...... Petitioner
Versus
1. The State of Jharkhand
2. Sonali Murmu ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Manish Yadav, Advocate
For the State : Mr. Pankaj Kumar, P.P.
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I.A. No. 4402 of 2023
09/09.05.2023 This Criminal Revision has been filed on behalf of the
petitioner by challenging the judgment dated 19.02.2018 passed by Sri
Kamal Kumar Srivastava, the learned Additional Sessions Judge,
Jamtara in Criminal Appeal No. 46 of 2017 by which learned
Additional Sessions Judge-I, Jamtara has dismissed the appeal by
affirming the judgment of conviction and order of sentence dated
21.09.2017 passed in P.C.R. Case No. 100 of 2011 by Sri Vikram
Anand , Judicial Magistrate, Jamtara by which the petitioner had
convicted for the offence under section 498 (A) of I.P.C. and has been
sentenced to undergo imprisonment for two (02) years and pay the fine
of Rs. 1000/-.
2. I.A. No. 4402 of 2023 has been filed on behalf of the
petitioner for grant of bail, during the pendency of this Criminal
Revision Application.
3. Heard learned counsel for the petitioner and learned counsel
for the State.
4. It is submitted that the judgments and order passed by the
learned Courts below are not sustainable in the eye of law. It is
submitted that earlier the petitioner was granted provisional bail by this
Court vide order dated 28.11.2022 in light of I.A. No. 10607 of 2022
for a period of four (4) months and notices were issued upon the
opposite party no. 2. It is submitted that the opposite party no. 2 has
not appeared, through the requisites have already been filed and the
petitioner has surrendered in the learned Court below on 28.03.2023. It
is submitted that petitioner is in custody since 28.03.2023 and earlier
also he was in custody for around than one (01) year and four (04)
months and hence, the petitioner may be enlarged on bail.
5. On the other hand learned counsel for the State has opposed
the bail.
6. It transpires that earlier the petitioner was granted provisional
bail by this Court vide order dated 28.11.2022 in light of I.A. No.
10607 of 2022 for a period of four (4) months and notices were issued
upon the opposite party no. 2, however, the opposite party no. 2 has not
appeared. It transpires that on 06.01.2023, none had appeared on behalf
of the petitioner and again time was given for filing requisites. In the
meantime, period of provisional bail has expired and due to which the
petitioner has surrendered on 28.03.2023.
7. Considering the fact and in the circumstances of this case
considering of this case and Considering the period of custody of the
petitioner, the petitioner namely Sona Chand Murmu @ Sonachand
Murmu directed to be released on bail on furnishing bail bonds of
Rs.10, 000/- (Rupees Ten Thousand only ) with two sureties of the like
amount each to the satisfaction of the learned Sri Vikram Anand ,
Judicial Magistrate, Jamtara of his Successor Court in connection with
P.C.R. Case No. 100 of 2011.
8. I.A. No. 4402 of 2023 is allowed and stands dispose of.
9. I.A. No. 10607 of 2022 also stands disposed of.
Cr. Rev. No. 431 of 2018
10. Put up this case on 03.07.2023 awaiting appearance of the
opposite party no. 2.
(Sanjay Prasad, J.)
Kamlesh/
