Jharkhand High Court
Dulal Mandal vs The State Of Jharkhand on 19 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 308 of 2023
Dulal Mandal --- --- Petitioner
Versus
The State of Jharkhand --- --- Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Kaushik Sarkhel, Advocate
For the State : Mr. Nawin Kr. Singh, A.P.P.
04/19.05.2023 Heard learned counsel appearing on behalf of the petitioner and
the learned A.P.P. appearing on behalf of the State on I.A. No. 4612 of
2023.
2. It is submitted by learned counsel for the petitioner that instant
interlocutory application has been filed with a prayer to enlarge the
petitioner on bail during the pendency of this criminal revision
application, which has been preferred against the judgment dated
06.02.2023 passed by the court of learned Principal Sessions Judge,
Jamtara in Criminal Appeal No. 15 of 2022 whereby the learned lower
appellate court has affirmed the judgment and order of sentence dated
29.06.2022 passed by the learned Additional Chief Judicial Magistrate,
Jamtara in connection with G.R. Case No. 877 of 2012 arising out of
Kundahit P.S. Case No. 90 of 2012 whereby the petitioner has been
convicted for the offence under Section 279/337/338/304A of the I.P.C
and has been sentenced to undergo S.I. for 3 months u/s 279 IPC; S.I. for
3 months u/s 337 IPC; S.I. for 1 year u/s 338 IPC and S.I. for 1 year u/s
304 A IPC.
3. It has been pointed out by learned counsel for the petitioner that
the maximum sentence awarded to the petitioner is 1 year simple
imprisonment and he has remained in jail from 01.03.2023. It has further
been pointed out that none of the witnesses examined on behalf of the
prosecution has stated about rash and negligent driving of the petitioner
to make out a case under Section 304 A I.P.C. and further it is submitted
that petitioner is ready to deposit any fine amount to give it to the injured
P.W.7 Akchay Ghosh.
4. On the other hand learned A.P.P. for the State has opposed the
contentions raised by the petitioner.
5. Having heard learned counsel for the parties, perused the record
of the case.
6. In the light of the forceful submission advanced on behalf learned
counsel for the petitioner, it is found just and proper to enlarge the
petitioner on bail.
7. Accordingly, the petitioner, named above is directed to be release
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, Jamtara in connection
with G.R. Case No. 877 of 2012 arising out of Kundahit P.S. Case No. 90
of 2012, subject to the condition as set out under Section 439 of the
Cr.P.C. and further condition that petitioiner shall deposit a fine amount
of Rs. 5000/- ( Rupees Five Thousand) in the court below before
furnishing the bail bond, by way of compensation, in order to give it to
the injured P.W.7 without being prejudiced to his right of defence.
Learned court below shall issue notice upon the P.W.7 and after his
appearance and proper identification, disburse the fine amount by way of
compensation. I.A. No. 4612 of 2023 is disposed of.
8. This criminal revision is admitted for hearing.
9. Call for the scanned copy of the lower court records in connection
with Criminal Appeal No. 15 of 2022 from the court of learned Principal
Sessions Judge, Jamtara and also in connection with G.R. Case No. 877
of 2012 arising out Kundahit P.S. Case No. 90 of 2012 from the court of
learned Additional Chief Judicial Magistrate, Jamtara.
(Navneet Kumar, J.)
A.Mohanty
