Jharkhand High Court
Anand Swarnkar vs The State Of Jharkhand on 13 January, 2025
Author: S. N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 983 of 2023
--------
Anand Swarnkar, son of late Gokul Swarnkar, resident of village
Madhukarpur, P.O. & P.O. Kasmar, Dist. Bokaro.
........ Petitioner
Versus
1. The State of Jharkhand
2. Rekha Deviya @ Rekha Devi, d/o. Dashrath Swarnkar, w/o.
Anand Swarnkar .......... Opp. Parties
------
CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
For the Petitioner : Ms. J. Mazumdar, Advocate
For the Opp. Parties: Mr. Shiv Shankar Kumar, APP
Ms. Akriti Shree, Advocate
------
12 13.01.2025 This interlocutory application has been filed for grant of bail to the
petitioner during the pendency of the criminal revision.
2. The present revision petition has been filed against the judgment/
order dated 10.02.2023 passed in Cr. Appeal No.59 of 2019, by the court
of learned Additional Sessions Judge-III, Giridih, whereby and whereunder
the learned Sessions Judge was pleased to partly allow the appeal preferred
by the petitioner with modification in sentence and sentenced him to
undergo R.I. for one year and a fine of Rs.5000/- for commission of
offence under Section 498A IPC and in default of fine, he has to undergo
SI for one year as well as the judgment of conviction and order of sentence
dated 28.06.2019, passed by learned Judicial Magistrate, 1 st Class, Giridih
in G.R. Case No. 1805 of 2013 arising out of Baghmara (Barora) P.S. Case
No. 238 of 2013, whereby learned Judicial Magistrate was pleased to
convict the present petitioner for the offence punishable under Section
498A read with Section 34 of the IPC and sentenced him to undergo RI for
3 years along with a fine of Rs.1000/- and in case of default of payment of
fine, the convict has to further undergo SI for 4 months. The period
undergone by the appellant (petitioner herein) during the trial was order to
be set off.
3. Ms. J. Mazumdar, learned counsel appearing for the petitioner
submits that the petitioner surrendered in connection with the present case
before the learned Trial Court on 09.07.2024 and since then he is in
custody. Learned counsel submits that the petitioner is ready and willing to
furnish reliable and sufficient sureties to the satisfaction of the Trial Court,
in the event of his release on bail.
4. Learned counsel appearing for the State opposes the prayer for bail
of the petitioner
5. Heard the parties.
6. In the facts of this case and considering the fact that the petitioner
is languishing in jail for more than six months, I am inclined to enlarge
petitioner, Anand Swarnkar, 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
Shri Ravi Choudhary, learned Judicial Magistrate, 1st Class, Giridih in
connection with G.R. Case No. 1805 of 2013 arising out of Baghmara
(Barora) P.S. Case No. 238 of 2013, 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.
7. Accordingly I.A. No. 7857 of 2024 stands allowed.
8. On the request of learned counsel for the parties, let this case be
listed on 17.02.2025
(Dr. S. N. Pathak, J.)
kunal
