Jharkhand High Court
Sunil Singh vs The State Of Jharkhand .... Opp. Party on 23 October, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 979 of 2024
....
Sunil Singh, aged about 43 years, S/o Parsuram Singh, Resident of at
Kulti, Jhanakpura, P.O. & P.S.-Barakar, District-Burdhman, West
Bengal .... Petitioner
Versus
The State of Jharkhand .... Opp. Party
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Rajiv Kumar Karan, Adv.
For the State : Mr. Shiv Shankar Kumar, APP.
....
02/23.10.2024
I.A. No.9872 of 2024
1. The present interlocutory application has been filed on behalf of the
petitioner for suspension of sentence and grant of ad-interim bail, during pendency
of the instant criminal revision petition.
2. The instant criminal revision has been filed against the judgment of
conviction and order of sentence dated 22.07.2024 passed in Criminal Appeal
No.120 of 2024 by the court of learned Sessions Judge, Dhanbad, who has affirmed
the judgment of conviction and order of sentence dated 12.06.2024 passed by the
learned Judicial Magistrate, 1st Class, Dhanbad, for the offence under Section 279
and 338 of IPC in connection with Govindpur P.S. Case No.177 of 2022,
corresponding to G.R. Case No.3053 of 2022 and the petitioner has been sentenced
to undergo R.I. for six months with a fine of Rs.500/- for the offence under 279 of
IPC and R.I. for six months for the offence under Section 338 of IPC with a fine of
Rs.500/- and in default of payment of fine, further sentenced to undergo S.I. for 30-
30 days for each offence.
3. Learned counsel for the petitioner has submitted that offence under
Section 338 of IPC is not made out and maximum punishment has already been
granted under Section 279 of IPC. It has been further submitted that the accident
has occurred in the middle of the road where the vehicle is supposed to run and it
was not a public crossing. Further, the nature of injury itself suggest that the Truck
in question was not in excessive speed. On that ground, prayer for bail has been
made.
4. Considering the above facts, I am inclined to suspend the sentence of the
petitioner. Accordingly the petitioner is directed to be enlarged on bail, on his
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,
Dhanbad in connection with Govindpur P.S. Case No.177 of 2022, corresponding
to G.R. Case No.3053 of 2022, subject to the condition that the petitioner shall
remain present before the Court as and when the case is taken up for hearing,
failing which his bail bond shall be cancelled.
5. I.A. No.9872 of 2024 stands disposed of.
1. Considering the issue involved in the present revision application, it is,
hereby, admitted.
2. Learned counsel for the petitioner is directed to add the informant as
opposite party no.2 during course of the day.
3. Issue notice upon the newly added O.P. No.2 through speed post and
ordinary process, for which requisites etc. must be filed within two weeks.
4. Call for the LCR.
(Rajesh Kumar, J.)
Shahid/
uploaded
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