Jaidev Ghosh @ Yadev Ghosh vs The State Of Jharkhand
2023 Latest Caselaw 4315 Jhar

Jharkhand High Court

Jaidev Ghosh @ Yadev Ghosh vs The State Of Jharkhand on 29 November, 2023

Author: Subhash Chand

Bench: Subhash Chand

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
        Cr. Revision No. 656 of 2023
Jaidev Ghosh @ Yadev Ghosh           .... ... Petitioner
                       Versus
1. The State of Jharkhand
2. Nuruddin Ahammad                  .... ... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Manoj Kumar Choubey, Advocate For the State : None For the O.P.No.2 : Mr. Din Dayal Sahu, Advocate

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Order No. 06/ dated 29.11.2023 I.A.No. 8532 of 2023 Learned Counsel Mr. Manoj Kumar Choubey on behalf of

petitioner and on behalf of O.P.No.2, learned Counsel are present.

2. No one appears on behalf of the State.

3. The instant Interlocutory Application is with the prayer to

keep the sentence in abeyance and to release the petitioner on

bail during the pendency of this Cr. Revision.

4. The learned Counsel for the petitioner has submitted that the

petitioner was convicted by the trial court on 18.01.2023 for the

offence under Sections 379/149 of the Indian Penal Code and

sentenced to undergo R.I. for three years for the offence under

Section 379 of I.P.C. with fine of Rs.10,000/- and in default of

payment of fine, the petitioner has to further undergo R.I. for

additional six months. Against the Judgment of conviction and

sentence passed by the trial court Cr. Appeal was filed, the same

was dismissed and affirmed the Judgment of conviction and

sentence passed by the trial court. The impugned Judgment of

conviction and sentence is based on wrong appreciation of the

evidence. There is no mens rea on the part of the petitioner to

commit the alleged theft because the fish in the pond belonged to

the sister of the appellant Nomita Ghose. The learned court-below

has not taken into consideration this material evidence and the

learned Appellate Court also affirmed the Judgment of conviction

and sentence passed by the trial court. The petitioner has been

languishing in Jail since 12.09.2023 for three months back.

5. The learned Counsel for the complainant-O.P.No.2 opposed

the contentions made by the learned Counsel for the petitioner

and contended that indeed the pond from which theft of the fish

was committed by the petitioner belonged to the complainant and

the finding recorded by both the courts-below while holding guilty

to the petitioner does not bear any infirmity.

6. In view of the submissions made and the material on record,

the impugned Judgment of conviction and sentence passed by the

court-below needs to be kept in abeyance.

7. Accordingly, I.A.No. 8532 of 2023 is allowed. The sentence

passed by the court-below is kept in abeyance.

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

released on bail on furnishing bail bond of Rs.20,000/- (Rupees

Twenty Thousand) with two sureties of the like amount each to

the satisfaction of the Sub-Divisional Judicial Magistrate, Pakur in

connection with P.C.R. Case No. 167 of 2017, corresponding to

T.R.No.1192 of 2023.

9. In view thereof, I.A.No. 8532 of 2023 is disposed of.

Admit.

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

3. List this Cr. Revision for hearing as per seriatim.

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