Jharkhand High Court
Vijay Kumar Sharma @ Vijay Sharma vs The State Of Jharkhand on 31 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 839 of 2023
Vijay Kumar Sharma @ Vijay Sharma ..... ...... Petitioner
Versus
1. The State of Jharkhand
2. Md. Sazad Alam .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Awnish Shankar, Advocate
For the State : Mr. Shashi Kumar Verma, A.P.P.
For the O.P. No.2 : Md. Razaullah Ansari, Advocate
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st
Order No.04 /Dated: 31 October, 2023
I.A. No.7946 of 2023
1. Learned counsel for the petitioner, learned counsel for the State and
learned counsel for the opposite party No.2 are present.
2. The instant Interlocutory Application has been preferred for
suspension of execution of sentence during pendency of this Criminal Revision
and release the petitioner on bail.
3. Learned counsel for the petitioner has submitted that in compliance
of order dated 09.10.2023 passed by this Court, a supplementary affidavit has
been filed on behalf of the petitioner on 17.10.2023, wherein at paragraph No.3
it is mentioned that the petitioner had deposited 20% of the fine amount
imposed upon him. i.e. Rs.60,000/- on 11.10.2023 before the Cashier of the
Court of learned District & Sessions Judge, Hazaribag and in lieu thereof cash
receipt No.675 was issued, which is annexed as Annexure-1 to the
supplementary affidavit.
4. Learned counsel for the petitioner has further submitted that this
Criminal Revision is not likely to be heard in near future, as such, the sentence
passed by the learned appellate Court may be kept in abeyance and the
petitioner may be enlarged on bail.
5. Learned counsel for the State and learned counsel for the opposite
party No.2 opposed the contentions made by the learned counsel for petitioner.
6. In view of the submissions made and taking into consideration the
impugned judgment of conviction and the sentence passed by the learned
appellate Court while holding guilty to the petitioner requires to be kept in
abeyance.
7. Accordingly, the impugned judgment passed by the learned appellate
Court is kept in abeyance during pendency of this Criminal Revision.
8. I.A. No.7946 of 2023 stands disposed of.
9. 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.
10. Learned counsel for the opposite party No.2/ complainant has
submitted that since Rs.60,000/- has been deposited before the Cashier of the
Court of learned District & Sessions Judge, Hazaribag the same may be
permitted to withdraw.
11. As prayed, opposite party No.2 is permitted to withdraw the said
amount from the learned Court concerned.
Cr. Revision No. 839 of 2023
12. Admit.
13. Office is directed to call for the scanned copy of Lower Court
Records.
14. List this case on 19.12.2023.
(Subhash Chand, J.)
Madhav/-
