Jharkhand High Court
Asim Minz vs The State Of Jharkhand on 21 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 776 of 2023
....
Asim Minz, aged about 41 years son of Eshak Minz, resident of
Village- Pithra, PO and PS- Simdega, District- Simdega,
Jharkhand ...... Petitioner
Versus
1. The State of Jharkhand
2. Jerom Dund Dung ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Zaid Ahmed, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A. P. P.
For the O. P. No. 2 : None.
.....
I.A. No. 6903 of 2024
08/21.02.2025 The present Criminal Revision No. 776 of 2023 has
been filed on behalf of the petitioner challenging the judgment
dated 08.06.2023 passed in Criminal Appeal No. 41 of 2018 by
Sri Rajkamal Mishra, learned Sessions Judge, Simdega
whereby learned Sessions Judge, Simdega has dismissed the
Criminal Appeal No. 41 of 2018 and affirmed the judgment of
conviction and order of sentence dated 19.07.2018 passed by
Shera Samson Tirkey, Judicial Magistrate, 1st Class, Simdega
in connection with Mufassil P. S. Case No. 05 of 2016
corresponding to G. R. No. 202 of 2016 [T. R. No. 66 of
2018] by which the petitioner has been convicted for the
offences under Sections 279, 337 and 338 of the Indian Penal
Code and sentenced to undergo S.I. for a period of six (6)
months and to pay a fine of Rs. 500/- for the offence under
Section 279 of the Indian Penal Code and sentenced to
undergo S.I. for a period of six (6) months and to pay a fine of
Rs. 500/- for the offence under Section 337 of the Indian Penal
Code and sentenced to undergo S.I. for a period of two (2)
years and to pay a fine of Rs. 500/- for the offence under
Section 338 of the Indian Penal Code.
However, all the sentences have been directed to run
concurrently.
2. I.A. No. 6903 of 2024 has been filed on behalf of the
petitioner for grant of bail, during pendency of the Criminal
Revision Application.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. It is submitted by the learned counsel for the
petitioner that the impugned judgments and order passed by
the learned Court below are not sustainable in the eyes of law.
It is submitted that the petitioner is in custody since
04.07.2024 and as such, the petitioner may be enlarged on bail.
5. Learned counsel for the State has opposed the prayer
for bail.
6. Considering on the facts and in the circumstances of
the case and also the fact that the petitioner is in custody since
04.07.2024, during pendency of this Criminal Revision
Application, the petitioner namely Asim Minz is directed to be
released on provisional bail for a period of six months from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand
only) with two sureties of the like amount each to the
satisfaction of Shera Samson Tirkey, Judicial Magistrate, 1st
Class, Simdega/ or his Successor Court in connection with
Mufassil P. S. Case No. 05 of 2016 corresponding to G. R. No.
07. Thus, I.A. No. 6903 of 2024 is allowed and stands
disposed of.
08. Learned counsel for the petitioner is directed to implead
the informant as opposite party no. 2 in the instant Criminal
Revision Application.
09. Issue notice to the opposite party no. 2 under registered
cover with A/D and ordinary process and for which requisites
etc. must be filed within two weeks from today.
10. Call for the scanned copy of the Lower Court Records.
11. If requisites are filed, put up this case on 28.04.2025.
12. Call for the report from the learned Secretary, DLSA,
Simdega as to whether any compensation amount has been paid
under Section 116 of M. V. Act to the injured persons or not ?
Let a copy of this order be sent to the learned Secretary,
DLSA, Simdega by the office at once.
(Sanjay Prasad, J.)
Kamlesh/
