Jharkhand High Court
Sunil Kumar Verma @ Sunil Verma vs The State Of Jharkhand on 13 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 799 of 2023
Sunil Kumar Verma @ Sunil Verma, son of Sri Bhirgu Nath Verma, resident
of Laxmi Nagar, Near Shiv Mandir, PO +PS: Telco, Town: Jamshedpur,
District: East Singhbhum, Jharkhand ... Petitioner
-Versus-
1. The State of Jharkhand
2. Narayan Ghosh, son of Late Haradhan Ghosh, resident of Jemco, Azad
Basti, PO +PS: Telco, Town: Jamshedpur, District: East Singhbhum,
Jharkhand. ... ...Opposite Parties
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. Ram Narayan Upadhyay, Advocate;
Ms. Aulia Begum, Advocate;
Mr. Tejo Mistry, Advocate
For the State :- Mr. Shashi Kumar Verma, APP
For the OP No.2 :- Mr. Mahadeo Thakur, Advocate
...
09/13.09.2024: IA No. 9975 of 2024
All the counsels have appeared.
It is submitted by the learned counsel for the petitioner and the
learned counsel for the opposite party no.2 that this interlocutory application
has been filed on behalf of the petitioner and the opposite party no.2. It is
further submitted that the amount, in question, ought to be paid by way of
compensation to the complainant was the tune of Rs.3,72,000/- and both the
parties have amicably settled the dispute. It is further submitted that they have
filed the joint compromise petition by way of filing the instant interlocutory
application on free will and accord. It is further submitted that the petitioner
had already surrendered before the learned Court-below on 06.07.2024 and the
certified copy of the surrender certificate dated 06.07.2024 issued by the
Judicial Magistrate, 1st Class, Jamshedpur has already been filed and since then
he is in jail custody. It is further submitted that the petitioner has already served
more than half custody and now the matter has already been settled between
the parties in the present case. They have also attached a photocopy of the
affidavit of Narayan Ghosh, who is the opposite party no.2 in the present case,
which was made before the Notary Public, Jamshedpur, wherein he has
disclosed that he has received the total settlement amount of Rs.3,70,000/-
from the father of the petitioner in presence of common friends, Raghubir
Singh @ Laddi and Ramesh Verma. It is submitted by the learned counsel for
the opposite party no.2 in Court today that the opposite party no.2 does not
want to pursue this matter as this matter has already been compromised
between the parties.
In view of the submissions made today in Court by the learned
counsels for the parties and also in view of the contents of the present
interlocutory application, this Court is inclined to accept the joint compromise
petition.
Accordingly, IA No. 9975 of 2024 is allowed and disposed of.
In view of the settlement arrived at in between the parties in IA No.
9975 of 2024, IA No. 7142 of 2024 is also allowed and disposed of.
Therefore, I am inclined to suspend the sentence of the petitioner,
during pendency of this criminal revision petition, and accordingly, present
petitioner, named above, is ordered to be released on bail, during pendency of
this criminal revision petition, on executing bail bonds of Rs.25,000/- (Rupees
Twenty Five Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Trial Court/ learned Judicial Magistrate, 1 st Class,
Jamshedpur in connection with C/1 Case No. 1232 of 2015, corresponding to
TR No. 44 of 2019.
In the light of the aforesaid, the judgment dated 19.05.2023, passed
in Criminal Appeal No. 112 of 2019, by the learned Additional Sessions
Judge-II, Jamshedpur and the judgment of conviction and the order of
sentence dated 11.04.2019, passed by the learned Judicial Magistrate, 1 st
Class, Jamshedpur in C/1 Case No. 1232 of 2015, corresponding to TR No.
44 of 2019 are set aside.
Accordingly, Cr. Revision No. 799 of 2023 is also allowed and
disposed of.
S.B. (Ratnaker Bhengra, J.)
