Jharkhand High Court
Vimlesh Yadav vs The State Of Jharkhand on 1 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 797 of 2023
...............
Vimlesh Yadav ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opposite Party
With
Criminal Revision No. 810 of 2023
Rupesh Yadav ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner(s) : Mr. Baleshwar Yadav, Advocate
For the State : Mr. Subodh Kr. Dubey, APP
[in cr. rev. no. 797/23]
Ms. Snehlika Bhagat, APP
[in cr. rev. no. 810/23]
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04/01.09.2023 Heard learned counsel for the petitioners and learned APPs for
the State in both cases.
2. Both these criminal revisions have been directed against the
judgment of conviction and sentence dated 23.05.2023 passed by the learned
Additional Sessions Judge-1-cum-Children Court, Latehar in Cr. Appeal No.
07 of 2023 whereby and whereunder the appeal was dismissed affirming the
judgment of conviction dated 02.02.2023 and sentence dated 03.02.2023
passed by the learned Principal Magistrate, Juvenile Justice Board, Latehar in
connection with Herhanj P.S. Case No. 14 of 2021, Special POCSO Case No.
17 of 2021 corresponding to T.R. No. 05 of 2022 wherein the learned
Juvenile Justice Board, Latehar had convicted and sentences the petitioners
with imprisonment for three years each and all the both sentences were
directed to run concurrently.
I.A. No. 5804 of 2023 in Cr. Rev. No. 797 of 2023
And
I.A. No. 5890 of 2023 in Cr. Rev. No. 810 of 2023
3. Both the interlocutory applications are for suspension of the
sentence and to release the petitioners on bail during pendency of the
criminal revisions.
4. Learned counsel for the petitioners has submitted that both the
juvenile were convicted by the learned JJ Board for the offence under
sections 376(D) of IPC and 6 of the POCSO Act, and were sentenced with
imprisonment of 3 years. The conviction and sentence passed by the learned
JJ Board was also affirmed by the learned appellate court dated 23.05.2023.
Out of the sentence passed 3 years, the petitioners have served out the
sentence of 2 years 5 months. The impugned judgment of conviction and
sentence which was affirmed by the learned appellate court is not passed in
view of the proper appreciation of the evidence on record and keeping in
view the sentence already served out by the petitioners contended to release
the petitioners on bail during pendency of these criminal revisions which are
not likely to be heard in near future.
5. The learned APPs in both these criminal revisions vehemently
opposed the contentions made by the learned counsel for the petitioners and
contended that the impugned judgment of conviction and sentence passed by
the learned JJ Board which was affirmed by the learned appellate court have
been passed in proper perspective of the evidence on record and it is not a
case for suspension of the sentence.
6. In view of the submissions made and material on record also
keeping in view that the petitioners/CCLs have already served out 2 years 5
months sentence out of the 3 years inflicted by the learned court below. It is a
fit case for suspension of sentence,
7. Accordingly, interlocutory applications are, hereby, allowed.
8. The sentence inflicted by the learned court below shall remain in
abeyance during pendency of these criminal revisions.
9. In consequence thereof, the petitioners-CCLs are directed to be
released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty
Thousand) each with two sureties of the like amount each on behalf of the
guardians to the satisfaction of the learned JJ Board concerned.
Criminal Revision Nos. 797 of 2023 with 810 of 2023
10. Admit.
11. The office is directed to call for the lower court records.
12. List these criminal revisions for hearing as per seriatem.
(Subhash Chand, J.)
RKM
