Jharkhand High Court
Arvind Rajak vs The State Of Jharkhand on 11 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 918 of 2023
1. Arvind Rajak
2. Prem Kapri ... ...Petitioner
Versus
The State of Jharkhand ... ...Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Lalit Yadav, Advocate
For the State : None
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Order No. 03/ dated 11.10.2023
I.A.No. 8183 of 2023
Learned Counsel Mr. Lalit Yadav on behalf of the
petitioners is present.
2. No one appears on behalf of the State even in revised call.
3. This Interlocutory Application is with the prayer to keep
the sentence in abeyance and to release the petitioners on bail
during the pendency of this Cr. Revision.
4. The learned Counsel for the petitioners has submitted
that conviction of the petitioners by the trial court is for the
charge under Section 414 of IPC whereby the petitioners were
sentenced with two years R.I. and a fine of Rs. 10,000/- each.
In default of payment of fine, the additional imprisonment of
three months was directed to undergo.
5. Against the Judgment of conviction and sentence dated
04.07.2022 the Cr. Revision was preferred by the petitioners,
the same was dismissed in Cr. Appeal No. 27 of 2022 and the
Judgment of conviction and sentence passed by the learned
trial court was affirmed.
6. It is also further submitted that there is no theft report in
regard to the alleged stolen property.
7. The petitioner No.1 Arvind Rajak has surrendered on
14.08.2023 while the petitioner No.2 Prem Kapri has
surrendered on 01.08.2023 before the court-below and both
are in Jail. Petitioner No.1 has served out the sentence three
and half months while the petitioner No.2 has served out the
sentence five months in Jail. In view of the above contended to
keep the sentence in abeyance and to release the petitioners
on bail.
8. No one appears on behalf of the State to oppose this I.A.
9. From the perusal of the impugned Judgment, it is found
that P.W.8 Sudhir Kumar Investigating Officer has admitted
that there is no theft report of the stolen property which is
case property in this case.
10. In view of the submissions made by the learned Counsel
for the petitioners and also taking into consideration the
finding recorded by the trial court which was affirmed by the
Appellate Court, the I.A.No.8183 of 2023 is hereby allowed.
The sentence passed by the court-below is kept in abeyance.
11. 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. 30,000/- (Rupees
Thirty Thousand) each with two sureties of the like amount
each to the satisfaction of the Judicial Magistrate, 1st Class,
Dumka in G.R.Case No. 163 of 2013/T.R. Case No. 344 of
2022, arising out of Jama P.S. Case No. 19 of 2013.
12. In view thereof, I.A.No.8183 of 2023 is disposed of.
Cr. Rev. No. 918 of 2023
Admit.
2. Office is directed to call for the scanned copy of the
L.C.R.
3. List on 06.12.2023.
(Subhash Chand, J.)
P.K.S.
