Jharkhand High Court
Pran Priya Bhattacharya @ ... vs The State Of Jharkhand on 10 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 725 of 2023
Pran Priya Bhattacharya @ Pranpriya Bhattacharya ... Petitioner
Versus
1. The State of Jharkhand
2. Neha Chakrawarty @ Bhattacharya .... ...Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the petitioner : Mr. Rajeeva Sharma,Sr. Advocate
For the State : Mr. Vijay Kumar Sinha, A.P.P.
For O.P.No.2 : Mr. Amit Kumar, Advocate
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Order No. 05/ dated 10.10.2023
I.A. No. 5361 of 2023
Learned Sr. Counsel Mr. Rajeeva Sharma on behalf of the
petitioner and on behalf of the State, learned A.P.P. and also on
behalf of O.P.No.2, learned Counsel are present.
2. This Interlocutory Application is with the prayer to exempt
the petitioner to surrender before the court-below and to grant
bail suspending the sentence passed by the impugned Judgment
of conviction and sentence.
3. The learned Counsel for the petitioner has submitted that
the impugned Judgment of conviction and sentence which was
passed by the trial court has affirmed by the Appellate Court is
based on wrong appreciation of evidence. The complainant herself
had got the decree of divorce after having instituted the Divorce
Petition.
4. The learned court-below did not take into consideration this
material fact and evidence as well while passing the impugned
Judgment of conviction.
5. The learned Counsel for the O.P.No.2 and the learned A.P.P.
opposed the contentions made by the learned Sr. Counsel for the
petitioner.
6. In view of the submissions made and material on record and
also taking into consideration the nature of the offence and the
sentence passed by the court-below, I.A.No.5361 of 2023 is
hereby allowed.
7. In consequence thereof, the sentence is kept in abeyance.
8. Accordingly, the petitioner is directed to be released on bail,
during the pendency of this Cr. Revision, on furnishing bail bond
of Rs.25,000/- (Rupees Twenty Five Thousand) with two
sureties of like amount each to the satisfaction of the Additional
Chief Judicial Magistrate, Pakur in connection with Pakur
(Mahila) P.S. Case No. 16 of 2015, corresponding to G.R.No. 377
of 2015.
9. In view thereof, I.A.No.5361 of 2023 stands disposed of.
Criminal Revision No. 725 of 2023
The instant Cr. Revision is directed against the Judgment
dated 29.05.2023 passed by the learned Principal Sessions
Judge, Pakur in Cr. Appeal No. 04 of 2023 whereby the learned
Appellate Court while dismissing the appeal confirmed the
Judgment of conviction and sentence dated 30.01.2023 passed
by the learned A.C.J.M., Pakur in G.R.No.377 of 2015
(T.R.No.11/2023) whereby the petitioner was convicted for the
offence under Section 498A of I.P.C. and was sentenced to
undergo S.I. for 03 years and to pay fine of Rs. 5,000/- and in
default of payment of fine the petitioner was directed to further
undergo S.I. of one month.
2. Admit.
3. L.C.R. has already been received.
4. List for hearing on 05.12.2023.
(Subhash Chand, J.)
P.K.S
