Bablu Gope vs The State Of Jharkhand .... ... Opp. ...
2023 Latest Caselaw 4286 Jhar

Jharkhand High Court

Bablu Gope vs The State Of Jharkhand .... ... Opp. ... on 28 November, 2023

Author: Subhash Chand

Bench: Subhash Chand

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 1267 of 2023
Bablu Gope                              .... ... Petitioner
                         Versus
The State of Jharkhand                  .... ... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

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Order No. 03/ dated 28.11.2023 I.A.No. 9983 of 2023

Learned Counsel Mr. Anjani Kumar on behalf of the

petitioner and on behalf of the State, learned A.P.P. are present.

2. The instant Interlocutory Application is with the prayer to

release the petitioner on bail during the pendency of this Cr.

Revision.

3. The learned Counsel for the petitioner has submitted that

the petitioner was convicted vide Judgment dated 18.07.2023

by the learned trial court for the offence under Sections

279/338/304A of the Indian Penal Code and sentenced to

undergo R.I. for six months for the offence under Section 279 of

I.P.C. and to undergo R.I. for two years for the offence under

Sections 338 and 304A of I.P.C. with fine of Rs.1000/- and

Rs.5,000/- and in default of payment of fine he has to further

undergo S.I. for 15 days and S.I. for one month respectively.

Against the impugned Judgment of conviction and sentence Cr.

Appeal No. 74 of 2023 was also dismissed by the learned

Sessions Judge, West Singhbhum at Chaibasa vide Judgment

dated 21.08.2023 and affirmed the Judgment of conviction and

sentence passed by the trial court. The maximum sentence

awarded by the court-below is two years. The impugned

Judgment of conviction and sentence is based on the wrong

appreciation of the evidence. There is no independent witness of

the occurrence. In absence of any direct evidence in regard to

rash and negligent driving against the petitioner contended to

allow this Interlocutory Application.

4. The learned A.P.P. opposed the contentions made by the

learned Counsel for the petitioner.

5. In view of the submissions made and the material on

record, I.A.No.9983 of 2023 is hereby allowed.

6. In consequence thereof, the petitioner is directed to be

released 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 the Sub-divisional Judicial Magistrate,

Sadar at Chaibasa in connection with Hatgamharia P.S. Case

No. 30 of 2018, corresponding to T.R.No.135 of 2023.

Admit.

2. Office is directed to call for the scanned copy of the L.C.R.

3. List this Cr. Revision as per seriatim.

P.K.S                                    (Subhash Chand, J.)