Jharkhand High Court
Sriram Deogam vs The State Of Jharkhand on 21 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 311 of 2024
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Sriram Deogam, aged about 32 years, son of Birsa Deogam,
Resident of Village-Kamarhatu, P.O.-Chaibasa, P.S.-Chaibasa
Muffasil, District-West Singhbhum , Jharkhand
...... Petitioner
Versus
1. The State of Jharkhand
2. Shilwanti Laguri ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Anjani Kumar, Advocate
For the State : Mrs. Kumari Rashmi, A.P.P.
For the O.P. No. 2 : None
.....
Order No. 13/ Dated:21.01.2025
This Criminal Revision Application has been
filed on behalf of the petitioner challenging the judgment
dated 20.01.2024 passed in Criminal Appeal No. 127 of
2023 by Sri Vishwa Nath Shukla, learned Sessions Judge,
West Singbhum at Chaibasa by which the Criminal Appeal
filed on behalf of the petitioner has been dismissed by
affirming the judgment of conviction and order of sentence
dated 27.09.2023 passed by Sri Tausif Meraj, learned Sub-
Divisional Judicial Magistrate , Sadar, West Singbhum at
Chaibasa in connection with G.R. Case No. 356 of 2021 (
T.R. Case No. 374 of 2023) , arising out of Hatgamharia
P.S. Case No. 09 of 2021 by which the petitioner has been
convicted for offence under section 279 of the I.P.C. and
sentenced to undergo R.I. for the period of six (06) months
and R.I. for two (02) years respectively and to pay the
fine of Rs. 2,000/- for the offence under section 304-A of
the I.P.C.
However both the sentences are directed to run
concurrently.
2. The prosecution case, in brief, is that on 22.02.2001
at about 01:00 pm which the deceased namely Pinki Laguri
aged about 14 years , daughter of the Informant namely
Shilwanti Laguri was crossing Hatgamharia Balandia Pitch
road near her house then an unknown Savari vehicle
driven rashly and negligently dashed against her due to
which she sustained injuries upon her person. She was
taken to Additional Health Center, Hatgamharia and she
was declared dead.
3. I. A No. 4914 of 2024 has been filed on behalf
of the petitioner for grant of bail.
4. Heard learned counsel for the petitioner and
learned counsel for the State.
5. It is submitted that the impugned judgments and
order passed by the learned Courts below are illegal not
sustainable in eye of law. It is submitted that the learned
Court below have failed to take into consideration the
material contradiction in the evidence of prosecution
witnesses. It is submitted that the petitioner is in custody
since 22.04.2024 and hence, the petitioner may be enlarged
on bail.
6. On the other hand, the learned A.P.P. appearing for
the State, has opposed the prayer for bail and submitted
that due to rash and negligent driving of the petitioner, the
daughter of Informant aged about 14 years had died and
hence prayer for bail of the petitioner may be rejected.
7. Perused the Lower Court Record of this case and
considered the submissions of the both sides.
8. During course of submission, learned counsel for
the petitioner has filed the certified copy of Surrender
Certificate of the petitioner which reveals that the petitioner
had surrender on 22.04.2024.
9. It appears that the petitioner was driver of the
offending Tata Motor Maxi Car bearing Registration No.
JH-05CP-2749 was driving the vehicle rashly and
negligently due to which the one Pinki Laguri daughter of
the Informant had died while crossing the road .
10. It appears that the petitioner is in custody since
22.04.2024.
11. Considering the custody and on the facts and in the
circumstances of this case, the petitioner namely Sriram
Deogam is directed to be released on Provisional Bail for
the period of six (06) months from today, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties of the like amount each to the satisfaction
of Sri Tausif Meraj, learned Sub-Divisional Judicial
Magistrate, Sadar, West Singbhum at Chaibasa or his
successor Court in connection with G.R. Case No. 356 of
2021 ( T.R. Case No. 374 of 2023) , arising out of
Hatgamharia P.S. Case No. 09 of 2021 .
12. Thus, I.A. No. 4914 of 2024 is allowed and
stands disposed of.
13. In the meantime, let a report called for from the
learned Secretary D.L.S.A., West Singbhum at Chaibasa as
to whether the informant or the family members of the
deceased have received any compensation under the
provision of Motor Vehicle Act or not and the said report
shall be submit before this Court within six (06) weeks
from today.
14. Learned counsel for the petitioners is directed
to implead the informant as O.P. No. 2 in this case in course
of day.
15. Issue notice upon the newly added the O.P.
No. 2 by both the process registered cover with A/D as well
as under ordinary process, for which requisites etc. must be
filed within ten days from today .
16. Put up this case on 17.03.2025.
(Sanjay Prasad, J.)
Bibha/
