Citation : 2024 Latest Caselaw 7592 Jhar
Judgement Date : 1 August, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 88 of 2024
With
I.A. No. 6173 of 2024
Arjun Paswan @ Arjun Ram ... ... Petitioner
Versus
1. The State of Jharkhand
2. Savita Devi ... ... Opp. Parties
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Sheo Kumar Singh, Advocate
For the State : Ms. Sweta Singh, Advocate
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06/01.08.2024 Learned counsel for the petitioner submits that notices were
issued to the opposite party No. 2 but the same has not been served as she was not available at the address.
2. Counsel for the petitioner prays for and is granted time till 09.08.2024 to take steps for service of notice upon the opposite party No. 2 at her present and correct address for which requisites etc. under speed post as well as ordinary process be filed by 09.08.2024.
3. That the instant Criminal Revision Application is directed against the judgment and order of conviction dated 14.06.2023 passed in Criminal Appeal No. 23/2017 by the court of learned Additional Sessions Judge-VI-cum- Special Judge, Anti-Corruption Bureau, Palamau at Daltonganj, whereby the said Appeal has been dismissed on contest, and judgment and order of sentence dated 09.03.2017 passed by learned Judicial Magistrate, 1st class, Palamau in connection with Complaint Case No. 210/2012 T.R. No. 803/2017 is upheld. The petitioner has been convicted U/s 498A of IPC and order of sentence for R.I. for two years with a fine of Rs. 5000/- and in default six months S.I. for the offence under Section 498A of IPC has been passed. The petitioner has also been directed to pay compensation amount of Rs. 1,00,000/- to the complainant.
4. I.A. No. 6173 of 2024 has been filed for grant of bail to the petitioner during the pendency of this revision application.
5. Counsel for the petitioner submits that the petitioner is in custody since 10.01.2024 and in the meantime he may be released on provisional bail awaiting appearance of the opposite party No. 2. He has submitted that records have been received and on the next date of hearing and he shall prepare himself for the final disposal of the case and not seek any unnecessary adjournment.
6. Considering the aforesaid facts and circumstances, let fresh notice be issued to the opposite party No. 2 at her present and correct address for which requisites etc. under speed post as well as ordinary process be filed by 09.08.2024.
7. Office to track speed post delivery with regard to service of notice and prepare appropriate office note accordingly.
8. So far as I.A. No. 6173 of 2024 is concerned, the petitioner is directed to be released on provisional bail till 09.09.2024, on furnishing bail-bonds of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Palamau in connection with Complaint Case No. 210/2012 corresponding to T.R. No. 803 of 2017 subject to following conditions:
(i) One of the bailors should be the close relative of the petitioner.
(ii) The petitioner shall deposit a self-attested copy of his Aadhar Card along with his Mobile Number which he shall not change during the pendency of this case.
9. Post this case on 04.09.2024.
10. Let this order be immediately communicated to the Court concerned through 'FAX'.
(Anubha Rawat Choudhary, J.) Binit
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