Jharkhand High Court
Shankar Sahu @ Shankar Sahoo vs The State Of Jharkhand on 18 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1111 of 2023
Shankar Sahu @ Shankar Sahoo .... ...Petitioner
Versus
The State of Jharkhand .... ... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Gaurav, Advocate
For the State : Mrs. Mohua Palit, A.P.P.
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Order No. 04/dated 18.10.2023
I.A.No. 8667 of 2023
Learned Counsel Mr. Gaurav on behalf of the petitioner and
on behalf of the State, learned A.P.P. are present.
2. This Interlocutory Application is for suspension of sentence
and also to release the petitioner on bail during the pendency of
this Cr. Revision.
3. The learned Counsel for the petitioner has submitted that by
way of this Cr. Revision the impugned order dated 07.08.2023
passed in Cr. Misc. Case No. 34 of 2023 by the learned Sessions
Judge, Gumla whereby the appeal of the petitioner was
dismissed at the stage of admission being time barred and in
consequence thereof also assailed the order of conviction and
sentence passed by the learned trial court dated 10.12.2021
whereby holding guilty of the petitioner for the offence under
Sections 323, 448, 354 of IPC sentenced to undergo simple
imprisonment for the period of one year and fine of Rs. 1,000/-.
4. The learned Counsel for the petitioner has submitted that
the maximum sentence awarded by the court-below is one year
and the petitioner has served out almost the ten months in Jail
including the custody in Jail during trial period as well. The
Judgment of conviction and sentence passed by the trial court is
based on the wrong appreciation of the evidence. The learned
trial court also had not taken into consideration that in regard to
the same incidence, the counter case was also filed on behalf of
the petitioner side. The incriminating circumstances in the
evidence were not asked to the petitioner/convict under Section
313 of Cr.P.C.
5. The learned A.P.P. opposed the contentions made by the
learned Counsel for the petitioner.
6. In view of the submissions made and the material on record,
this Interlocutory Application is allowed.
7. Accordingly, the sentence passed by the court-below is kept
in abeyance during the pendency of this Cr. Revision.
8. In consequence thereof, 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 the like amount each to the
satisfaction of the S.D.J.M., Civil Court, Gumla in connection
with G.R.No. 945 of 2015 (T.R.No.116 of 2021) arising out of
Ghaghra P.S. Case No. 79 of 2015.
9. In view thereof I.A.No.8667 of 2023 is disposed of.
Criminal Revision No. 1111 of 2023
Admit.
2. The scanned copy of the L.C.R. has already been received.
3. List for hearing on 06.12.2023.
(Subhash Chand, J.)
P.K.S
