Dilip Bouri vs The State Of Jharkhand .... .... Opp. ...
2023 Latest Caselaw 4340 Jhar

Jharkhand High Court

Dilip Bouri vs The State Of Jharkhand .... .... Opp. ... on 30 November, 2023

Author: Subhash Chand

Bench: Subhash Chand

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No.1073 of 2023

         Dilip Bouri                                     .....   ... Petitioner
                                    Versus
         The State of Jharkhand                          .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P.

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05/30 November, 2023 th

1. Heard learned counsel for the petitioner and learned Spl. P.P. for the State.

2. Learned counsel for the petitioner has submitted that he has sought relief for release of the petitioner on bail during pendency of this criminal revision in the main petition itself. It is further submitted that the learned court below has awarded maximum sentence to the petitioner for one year and the petitioner has served out the total sentence of 4 months 7 days till date. It is also submitted that the petitioner was convicted for the offence under Section 21 of the MMRD Act by the trial court which was affirmed by the learned appellate court. It is further submitted that as per provision of MMRD Act for any offence in the said act the complaint ought to have been filed but in the present case, the F.I.R. was lodged. As such the cognizance for the offence under Section 21 of the MMRD Act was also taken against the provision of the said Act.

3. Learned Spl. P.P. opposed the contentions made by the learned counsel for the petitioner.

4. In view of the submissions made and materials available on record, the impugned judgment of conviction and order of sentence dated 13th September, 2011 passed by the learned Additional Sessions Judge-I, Dhanbad is hereby kept in abeyance during pendency of this criminal revision.

5. 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 court concerned.

6. The Lower Court Records have already been received.

7. List this case as per seriatim.

(Subhash Chand, J.) Rohit