Md. Sultan vs The State Of Jharkhand .... .... Opp. ...
2024 Latest Caselaw 1002 Jhar

Jharkhand High Court

Md. Sultan vs The State Of Jharkhand .... .... Opp. ... on 1 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 600 of 2023
Md. Sultan                                ..... ...... Petitioner
                                  Versus
The State of Jharkhand                       .... .... Opp. Party
                                  ------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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           For the Petitioner             : Mr. Arvind Kumar Choudhary , Advocate
           For the State                  : Mr. P. D. Agrawal, Spl.P.P.
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                             st
Order No.08 /Dated: 01 February, 2024
I.A. No.8625 of 2023

1. The instant Interlocutory Application has been filed on behalf of the petitioner with prayer to release him on bail during pendency of this Criminal Revision.

2. Learned counsel for the petitioner has submitted that the learned trial Court has convicted the petitioner for the offence under Sections 380 and 411 of the Indian Penal Code and sentenced him with imprisonment of three years and fine of Rs. 10,000/- for each offence. It is further submitted that the petitioner has served out the sentence of more than one year. So far as the judgment of the learned trial Court, which was affirmed by the learned appellate Court is concerned, both the learned Court below have not given any finding in regard to the alleged recovered stolen articles, where those articles belonged to the owner of the house. Neither the owner of the house was examined on behalf of the prosecution nor the care taker of the house, who was informant, has identified those stolen articles. In view of the above, contended to release the petitioner on bail during pendency of this Criminal Revision.

3. Learned Spl.PP appearing on behalf of the State opposed the contentions made by the learned counsel for the petitioner.

4. In view of the submissions made, the sentence passed by the learned Courts below is kept in abeyance.

5. Accordingly, I.A. No.8625 of 2023 stands allowed.

6. In consequence thereof, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned.

7. It appears from the record that Lower Court Records has already been received.

8. List this case for hearing on 14.03.2024.

Madhav/-                                                        (Subhash Chand, J.)