Uttam Kumar Kahar Aged About 45 Son Of ... vs The State Of Jharkhand
2024 Latest Caselaw 9685 Jhar

Jharkhand High Court

Uttam Kumar Kahar Aged About 45 Son Of ... vs The State Of Jharkhand on 26 September, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Revision No. 563 of 2024
         Uttam Kumar Kahar aged about 45 son of late Jagarnath Kahar, Resident
         of Village-Moh. Nampura P.O.-Pakur P.S. Pakur(T), District-
         Pakur(Jharkhand)                                ...... Petitioner
                                 Versus
         1. The State of Jharkhand
         2. Kuwar Roy son of Sri Ram Sudha Roy, Resident of Village-Moh-
            Malgodown Road, P.O.-Pakur, P.S. Pakur (T) District-Pakur
            (Jharkhand)                                 ......Opposite parties
                                   ----------

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner : Mrs. Nitu Sinha, Advocate Mr. Shree Nivas Roy, Advocate For the State : Mrs. Ruby Pandey, APP For the O.P. No.2 : M/s Indu Shekhar Gupta, Advocate .....

Order No.05/ Dated:26.09.2024

The instant Criminal Revision application has been filed against the Judgment dated 28.03.2024 passed in Criminal Appeal No. 14 of 2023 by the learned Sessions Judge,Pakur dismissing the appeal of the petitioners and confirming the Judgment dated 23.03.2024 passed by the learned Sub- Divisional Judicial Magistrate, Pakur in C.C. No. 343 of 2021.

It is submitted by the counsel for the petitioner and he has pointed out to his supplementary affidavit filed on behalf of the petitioner dated 18.09.2024 wherein he has indicated that the petitioner has deposited total amount of Rs.1,62,500/- and has submitted that vide annexure A(1) i.e. attached to the said supplementary affidavit that payments of Rs. 1,30,000/+ Rs.32,500/- have already deposited before the Court below. He has further submitted that without prejudice to his case he is also willing to deposit another Rs. 1,00,000/- (Rs. One Lac) by demand draft in the name of opposite party no.2 to be conveyed to the opposite party no.2 at the time of furnishing bail. He further says that in the aforesaid circumstances his prayer for bail and suspension of sentence may be allowed.

Learned counsel for the opposite party no.2 has however submitted that he can make the proposed payment.

Having heard both the counsels and noted the submission, the petitioner, named above, is ordered to be released on bail, during pendency of the criminal revision, on executing the bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate Pakur in C.C. Case No. 343 of 202 (T.R. No. 854 of 2023) subject to the condition that he will deposit the amount of Rs. One lac through demand draft in the name of opposite party no. 2 at the time of furnishing bail bond at the concerned court below. The learned concerned court will covey the demand draft to the opposite party no.2 upon proper verification of his identity.

List this criminal revision again after four weeks.

(Ratnaker Bhengra, J.) R.K/