Ashwini Kumar @ Anshu vs The State Of Jharkhand
2023 Latest Caselaw 3732 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 883 of 2023
1. Ashwini Kumar @ Anshu
2. Baban Pandey                          ... ...Petitioners
                          Versus
The State of Jharkhand                   ... ...Opp. Party
                      ---------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioners : Mr. R.S.Mazumdar, Sr. Advocate For the State : Mrs. Vandana Bharti, A.P.P.

---------

Order No. 04/ dated 05.10.2023

I.A.No. 7698 of 2023

This Interlocutory Application is with the prayer to

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

Revision.

2. The learned Sr. Counsel has submitted that both the

petitioners were convicted for the offence under Sections 387,

120B IPC, 25(1-B) (a)/26/35 Arms Act, 17 C.L.A. Act by the

trial court and sentenced to undergo R.I. of one year and fine

of Rs.5,000/- each and in default of payment of fine, two

months additional S.I. directed to be served.

3. Against the Judgment of conviction and sentence, the

appeal was preferred, the same was also dismissed affirming

the conviction and sentence passed by the trial court.

4. During trial petitioner No.1 had served out three months

twenty days and petitioner No.2 had served out four months

10 days in Jail. After dismissal of the appeal, both the

petitioners had surrendered and have been languishing in Jail

since 22.08.2023. The maximum sentence awarded by the

court-below is one year. In view of the above, contended to

release on bail.

5. Learned A.P.P. opposed the contentions made by the

learned Sr. Counsel on behalf of the petitioners.

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

record, it is a fit case to release both the petitioners on bail,

during the pendency of this Cr. Revision. Accordingly,

I.A.No.7698 of 2023 is allowed.

7. In consequence thereof, both the petitioners are directed

to be released on bail, during the pendency of this Cr.

Revision, on furnishing bail bond of Rs.20,000 (Rupees Twenty

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

the satisfaction of the Addl. C.J.M., Bermo at Tenughat in

connection with Bermo P.S. Case No. 84 of 2009 (T.R.No.1066

of 2022).

Cr. Revision No. 883 of 2023

Admit.

2. L.C.R. has already been received.

3. List for hearing on 07.12.2023.

(Subhash Chand, J.)

P.K.S.