Tripurari Singh Choudhary vs The State Of Jharkhand & Anr. .... .... ...
2024 Latest Caselaw 2578 Jhar

Jharkhand High Court

Tripurari Singh Choudhary vs The State Of Jharkhand & Anr. .... .... ... on 1 March, 2024

Author: Subhash Chand

Bench: Subhash Chand

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. Rev. No.1142 of 2023
         1. Tripurari Singh Choudhary
         2. Dhruveshwar Singh Choudhary
         3. Vikash Singh Choudhary
         4. Subhash Singh Choudhary                      ..... ... Petitioners
                                   Versus
         The State of Jharkhand & Anr.                    .... .... Opposite Parties
                                    With
                                Cr. Rev. No.1357 of 2023
         Santosh Singh Choudhary @ Santu                 ..... ... Petitioner
                                   Versus
         The State of Jharkhand & Ors.                    .... .... Opposite Parties
                                       --------

         CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                          ------
         For the Petitioners                : Mr. Ashok Kumar Pandey, Advocate
         For the State                      : Mrs. Amrita Kumari, APP
         For the OP No.2                    : Mr. N.P. Choudhary, Advocate
                                        --------
11/01.03.2024          Learned counsel for the petitioners and learned APP for the State

as well as learned counsel for the OP No.2 are present in both criminal revision.

I.A. No. 1704 of 2024 in Cr. Revision No.1142 of 2023

2. The instant interlocutory application is for suspension of sentence and to release the petitioners on bail during pendency of this criminal revision.

3. The learned counsel for the petitioners has submitted that the petitioners were acquitted by the learned trial court while the learned appellate court has convicted and sentenced the petitioner for the offence under section 323 and 341 of IPC and the maximum sentence which has been awarded i.e. six months and the petitioners have been languishing in jail since 16.01.2024. In view of the above contended to release the petitioners on bail.

4. The learned counsel for the OP No.2 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 appellate court has been assailed by the OP No.2 for enhancement of the sentence.

5. The maximum sentence awarded to the petitioners is six months and the petitioners have served out the sentence more than one month. Taking into consideration that this criminal revision is not likely to be heard in near

future, prayer sought deserved to be allowed.

6. Accordingly, I.A No. 1704 of 2024 is hereby allowed. The sentence inflicted by the learned court below is kept in abeyance and in consequence thereof, the petitioners are directed to be released on bail during pendency of this criminal revision on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount to the satisfaction of the court concerned in C.P. Case No. 2099 of 2010 .

Cr. Rev. No.1142 of 2023 with Cr. Rev. No.1357 of 2023

7. Office is directed to call for the scanned copy of the LCR.

8. List on 03.05.2024.

(Subhash Chand, J.) RKM