Niranjan Kumar Keshari vs The State Of Jharkhand
2025 Latest Caselaw 1405 Jhar

Jharkhand High Court

Niranjan Kumar Keshari vs The State Of Jharkhand on 7 January, 2025

Author: S.N. Pathak

Bench: S.N.Pathak

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr. Revision No. 1156 of 2023
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Niranjan Kumar Keshari, aged about 32 years, son of Rameshwar Prased Keshri, Resident of village-Chouparan, P.O.& P.S.-Chouparan, Dist.-

            Hazaribag                                    ............       Petitioner
                                           Versus
           1.The State of Jharkhand

2.Puja Kumari, D/o Shankar Rana at+PO+PS-Chouparan, Dist.-Hazaribagh, Jharkhand ............ Opp. Parties

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         CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
                     For the Petitioner     : Mr. B. M. Tripathi, Sr. Advocate
                                              Mr. Kripa Shankar Nanda, Advocate
                     For the State          : Mr. Prabhu Dayal Agrawal, A.P.P.
                     For O.P. No.2          : Mr. Vikash Anand, Advocate
                                              Mr. Nilesh Kumar Gupta, Advocate
                                                   ----------


12/ 07.01.2025    The present interlocutory application has been filed for suspension of

sentence to the petitioner during the pendency of this criminal revision.

2. The present revision has been filed against the judgment dated 07.07.2023, passed in Cr. Appeal No.15 of 2022, by the court of learned Additional Sessions Judge-VI, Cum-Spl. Judge C.A.W., Hazaribag, confirming the order of conviction and sentence dated 26.04.2022, passed by the court of learned Chief Judicial Magistrate, Hazaribag, in G.R. No.2897 of 2014 (T.R. No.716 of 2022) arising out of Hazaribag P.S. Case No.735 of 2014, whereby the petitioner has been convicted for the offence under Section 323 of the Indian Penal Code and sentenced to undergo simple imprisonment for one month and further he is also sentenced to undergo for one month simple imprisonment for the offence under Section 341 of the Indian Penal Code. Further, the petitioner is also sentenced to undergo R.I. for four years and a fine of Rs.20,000/- for the offence under Section 354 of the I.P.C. and in default thereof, he was further sentenced to undergo for six months of simple imprisonment.

3. It has been submitted by Mr. B.M. Tripathi, learned senior counsel, assisted by Mr. Kripa Shankar Nanda, learned counsel for the petitioner that as per the allegation made in the first information report that the sister of the

informant was assaulted by the petitioner and she has sustained injuries on her person, but the said injury has not been corroborated in the medical evidence. Learned senior counsel further submits that petitioner was all along in bail during the trial and he has never misused the same. Learned senior counsel submits that after the judgment of conviction, the petitioner has surrendered on 03.07.2024 and since then, he is languishing in jail. Learned senior counsel further submits that the petitioner is ready and willing to furnish reliable and sufficient sureties to the satisfaction of the court below, in the event of his release on bail.

4. On the other hand, learned A.P.P and learned counsel for the opposite party no.2 have opposed the prayer for suspension of sentence.

5. In the facts of this case and considering the fact that the petitioner is languishing in jail since 03.07.2024, I am inclined to enlarge the petitioner on bail, during the pendency of the present revision, 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 Chief Judicial Magistrate, Hazaribag, in connection with G.R. No.2897 of 2014 (T.R. No.716 of 2022) arising out of Hazaribag P.S. Case No.735 of 2014, subject to the condition that the petitioner will remain present before the Court when the revision is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.7188 of 2024 stands allowed.

Put up this case on 12.02.2025.

(Dr. S.N. Pathak, J.) Rohit/-