Mannu Prasad vs The State Of Jharkhand And Another
2023 Latest Caselaw 4221 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.420 of 2023

        1. Mannu Prasad
        2. B. Suresh Rao                                      .....   ... Petitioners
                                   Versus
        The State of Jharkhand and another                      .... .... Opposite Parties
                                      --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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        For the Petitioners                  : Mr. J. N. Upadhyay, Advocate
        For the State                        : Mr. S.K. Shukla, APP
                                         --------

06/08.11.2023          Learned counsel for the petitioners and learned APP for the State
        are present.
                       I.A. No. 10229 of 2023

The instant interlocutory application is with the prayer to release the petitioners on bail during pendency of this criminal revision. It has been submitted that the petitioners were convicted for the offence under sections 354, 452 and 448 of IPC by the trial court and the maximum sentence awarded was two years. Against the judgment of conviction and sentence passed by the trial court the criminal appeal was also preferred and the appellate court partly allowed the appeal and affirmed the conviction of the petitioners for the offence but modified the punishment from two years to one year.

The petitioners have served out the sentence 2 months 19 days. The impugned judgment of conviction and sentence passed by the court below is based on the wrong appreciation of the evidence. Both the court below have not taken into consideration the delay in lodging the FIR and witnesses who are the interested person.

Learned counsel for the APP opposed the contentions made by the learned counsel for the petitioners.

In view of the submissions made on record, the aforesaid IA is hereby allowed.

In consequence thereof, the petitioners are directed to be released on bail during pendency of this criminal revision on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the court concerned.

I.A. No. 7669 of 2023

The instant interlocutory application is with the prayer to exempt the petitioners from surrendering before the court below.

Learned counsel for the petitioners has submitted that they have surrendered before the court below, this IA has become infructuous and does not press the same.

As prayed by learned counsel for the petitioners, this IA is dismissed being infructuous.

Cr. Rev. No.420 of 2023 Admit.

Let the notice be issued to the op no.2 through the police station concerned and the op no.1- State of Jharkhand is directed to ensure the service of notice upon the op no.2 and shall file an affidavit to this effect on or before the next date fixed.

List on 18.01.2024.

(Subhash Chand, J.) RKM