Mohan Kumar Saw vs The State Of Jharkhand
2023 Latest Caselaw 3890 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 1021 of 2023

Mohan Kumar Saw                                      ..... ......   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. Abhishek Kumar, Advocate
      For the State                   : None
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                           th
Order No.04 /Dated: 11 October, 2023
I.A. No.7745 of 2023

1. Learned counsel for the petitioner is present.

2. No one appears on behalf of the State.

3. The instant Interlocutory Application has been preferred for condonation of delay of 63 days in preferring this Criminal Revision against the impugned order.

4. The plea, which has been raised in paragraph Nos.5,6 and 7 of this Interlocutory Application, is found sufficient.

5. Accordingly, the delay of 63 days in preferring the instant Criminal Revision is hereby condoned.

6. In consequence thereof, I.A. No.7745 of 2023 stands disposed of. I.A. No. 9199 of 2023

7. The instant Interlocutory Application has been preferred for suspension of sentence during pendency of this Criminal Revision.

8. Learned counsel for the petitioner has submitted that the impugned judgment passed by the learned trial Court, from the testimony of P.W.-5, Vishal Kumar Das, who was the informant-victim has denied to identify the petitioner Mohan Kumar Saw in commission of alleged offence though as per FIR allegations, the petitioner was apprehended at the spot and Rs.10,000/- was recovered from his possession. It is also stated by the informant that at the time of commission of alleged offence, all the assailants had covered their face by cloth, on the sole ground, contended to release the petitioner on bail.

9. No one appears on behalf of the Sate even in revised call to oppose this Interlocutory Application.

10. In view of the submissions made and taking into consideration the finding recorded by the learned trial Court, whereby the petitioner was

convicted and sentenced, which was affirmed by the appellate needs interference and the same requires to be kept in abeyance.

11. Accordingly, the impugned judgment passed by the learned trial Court, which was affirmed by the learned appellate Court is kept in abeyance during pendency of this Criminal Revision.

12. I.A. No.9199 of 2023 stands allowed.

13. 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 to the satisfaction of the court concerned. Cr. Revision No. 1021 of 2023

14. Admit.

15. Office is directed to call for the scanned copy of Lower Court Records.

16. List this case for hearing on 08.11.2023.

(Subhash Chand, J.) Madhav/-