Niranjan Kumar Mahto vs The State Of Jharkhand
2024 Latest Caselaw 10035 Jhar

Jharkhand High Court

Niranjan Kumar Mahto vs The State Of Jharkhand on 17 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Criminal Revision No.937 of 2024
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Niranjan Kumar Mahto, aged about 29 years, S/o Sri Dharamdev Mahto, R/o Basant Pur @ Basantpur, P.O. & P.S.-Mandu, District-Ramgarh (Jharkhand) .... .... Petitioner

-Versus-

1. The State of Jharkhand

2. Ram Kumar Mahto, S/o Late Juthan Mahto, R/o Basant Pur @ Basantpur, P.O. & P.S.-Mandu, District-Ramgarh (Jharkhand) .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Ms. Omiya Anusha, Adv.

For the State                      : Mr. Rajesh Kumar, A.P.P.
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              th
07/Dated: 17 October, 2024

I.A No.8585 of 2024

1. The present interlocutory application has been filed on behalf of the revisionist for release on bail after suspension of sentence, during pendency of the instant criminal revision.

2. The instant criminal revision has been filed for setting aside the order dated 09.04.2024 passed in Criminal Appeal No.19/2023 by the court of learned Principal District & Sessions Judge, Ramgarh and affirming the judgment dated 21.02.2022 passed by the learned Additional Chief Judicial Magistrate, Ramgarh in connection with Complaint Case No.62 of 2020, whereby and whereunder the petitioner has been convicted for offence under Section 138 of the N.I. Act and has been sentenced to undergo Simple Imprisonment for six months and to pay fine of Rs.9,75,000/- and in default thereof, further sentenced to undergo S.I for six months.

3. It has been submitted by the learned counsel for the petitioner that the petitioner-student has been falsely implicated in this case and only one witness has been examined till date. Further, it has been submitted that the petitioner is in custody since 13.03.2024. On the above basis, prayer for bail has been made.

4. Learned counsel for the State has no objection.

5. Considering the above fact, I am inclined to suspend the sentence of the petitioner during the pendency of this case. Accordingly, the petitioner, named above, is directed to be released on bail, on his furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ramgarh in connection with Complain Case No.62 of 2020.

6. It is made clear that the petitioner will remain present before this Court when the revision is taken up for hearing.

7. I.A No.8585 of 2024 stands disposed of.

Criminal Revision No.937 of 2024

1. Issue notice upon the opposite party No.2 through speed post as well under ordinary process, for which, requisites etc., must be filed within two weeks.

2. Call for the scanned copy of the lower court records from the court concerned.

(Rajesh Kumar, J.)

Raja/-

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