Bipin Kumar vs The State Of Jharkhand ... ..Opposite ...
2024 Latest Caselaw 9605 Jhar

Jharkhand High Court

Bipin Kumar vs The State Of Jharkhand ... ..Opposite ... on 24 September, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision No. 1485 of 2023

Bipin Kumar, son of Anmol Ram, Age-23 years, resident of Shreenagar, P.O.
& P.S. Dholad, Dist- Madhepura, Bihar
                                                       .. .. ..Petitioner
                              --VERSUS--

The State Of Jharkhand                                    ... ..Opposite Party

                            ---------

CORAM:        HONBLE MR. JUSTICE RATNAKER BHENGRA
                            ---------

   For the Petitioner :       Mr. Rahul Pandey, Adv
   For the State       :      Mr. Aditya Raman, AC to GA-III


12/DATED: 24-09-2024

            I,A, No. 460 of 2024

            Heard the learned counsel for the parties.

The instant Interlocutory Application has been filed on behalf of the petitioner for grant of his bail, during the pendency of this criminal revision, after suspension of Judgement dated 10.10.2023 passed in Criminal Appeal No. 92/2023 passed by learned Addl. Judicial Commissioner-VIII, at Ranchi whereby and where under the learned Court below has been pleased to dismiss the Criminal Appeal No. 92/2023 affirming the Judgment & order of Sentence dated 10.04.2023 passed in GR. Case No. 861/2020 (arising out of Sadar PS.- 578/2019) passed by learned C.J.M. at Ranchi whereby and where under the learned Court below has found this Petitioner guilty of offence U / s

- 409/34, 420/34, 467/34 468/34 471/34 and sentenced to undergo R.1. for 7 years and a fine of Rs. 1,00,00,000/-(Rupees One Crore only) and in default thereof S.1 for six months U / s - 409/34 of the IPC, R.I. for seven years and a fine of Rs. 10000 /- in default thereof S.1 for Six months U/s 420/34 of the IPC, R.I. for Seven Years and a Fine of Rs. 10000 / in default thereof S.1. For Six months U / s - 467/34 of the IPC, R. I. for Seven years and a fine of Rs. 10000 /- in default thereof S 1. for six months Us 468/34 of the IPC and RI for two years under section 471/34 of the IPC. All the sentences of imprisonment were ordered to run concurrently.

The learned counsel for the petitioner has submitted that petitioner is lying in judicial custody since 31.12.2019, i.e. More than 4 years which is more than half of the sentence, as such he may be admitted to bail.

The learned counsel for the petitioner has submitted that it appears from the entire statement of the prosecution witnesses that the entire story of the informant and the investigation of the police is highly suspicious as such the entire case of the informant has been prepared in a mechanical manner by the informant by way of preparing false and fabricated documents in connivance with the police only in order to adjust their pre-existing, deficits of the informant company. It is further submitted that petitioner has no criminal antecedent. Counsel has then submitted that in the normal course, the revision may not be taken up in near future.

The learned counsel for the State has opposed the prayer for suspension of sentence and releasing the petitioner on bail and submitted that the petitioner has been convicted for various sections of the IPC and the allegation involved the unlawful gain of Rupees Four Crore and odd and therefore, the petitioner may not be allowed the privilege of bail.

Having heard the learned counsels for the parties, gone through the records of the case, noted the arguments and gone through the custodial period, I am inclined to release the petitioner, named above, on bail, during the pendency of this criminal revision, on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with G.R. Case No. 861 of 2020 arising out of Sadar P.S. Case No. 578 of 2019.

I.A. No. 460 of 2024 stands allowed and disposed of.

Heard.

Admit.

Put up this case in seriatim.

(Ratnaker Bhengra, J) sharda/-