Niranjan Sahu vs The State Of Jharkhand And Another
2023 Latest Caselaw 4159 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Rev. No.347 of 2023
         Niranjan Sahu                                    ..... ... Petitioner
                                    Versus
         The State of Jharkhand and another                 .... .... Opposite Parties
                                       --------

         CORAM :           HON'BLE MR. JUSTICE SUBHASH CHAND
                                          ------
         For the Petitioner                 : Mr. Akhouri Awinash Kumar, Advocate
         For the State                      : Mr. Rajneesh Vardhan, APP
                                        --------
06/06.11.2023          Learned counsel for the petitioner and learned APP for the State
         are present.
                        I.A. No. 8257 of 2023

2. The instant interlocutory application is with the prayer to keep the sentence in abeyance and also to release the petitioner on bail during pendency of this criminal revision.

3. Learned counsel for the petitioner has submitted that the petitioner was convicted by the trial court vide judgment dated 16.08.2022 for the offence under sections 323, 341, 498A, 504 read with 34 of the Indian Penal Code and sentenced to undergo SI for a period of six months for the offence under section 323 of IPC, further sentenced to undergo SI for one month for the offence under section 341 of IPC, further sentence to undergo SI for two years and a fine of Rs.1,000/- and in default of payment of fine the petitioner further sentenced to undergo SI for one month for the offence 498A of IPC and further sentenced to undergo SI for six months for the offence under section 504 of IPC. Against the same judgment of conviction and sentence, Criminal Appeal No. 122 of 2022 was preferred the same was partly allowed vide judgment dated 23.01.2023. The petitioner was acquitted for the charge under section 341 and 504 of IPC and conviction and sentence for the offence under sections 498A and 323 of IPC was affirmed.

4. The maximum sentence awarded by the learned court below is two years. The petitioner has served out about three months in jail. The impugned judgment of conviction and sentence is based on the testimony of complainant/victim and the other witnesses were hearsay witness. In view of the above contended to allow the said IA.

5. The learned APP for the State has opposed the contentions made by the learned counsel for the petitioner.

6. In view of the submissions made, I.A No. 8257 of 2023 is

hereby allowed.

7. The impugned judgment of conviction and sentence passed by the court below which was affirmed by the appellate court is kept in abeyance and in consequence thereof, the petitioner is directed to be released on bail during pendency of this criminal revision on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned.

Cr. Rev. No.347 of 2023

8. Call for the LCR.

9. List on 08.01.2024.

(Subhash Chand, J.) RKM