Jharkhand High Court
Sandeep Kispotta @ Sandeep Kispostta vs State Of Jharkhand on 23 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1234 of 2024
With
I.A. No. 12658 of 2024
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Sandeep Kispotta @ Sandeep Kispostta
..... Petitioner
Versus
1.State of Jharkhand
2.Vishwa Oraon ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Suraj Kumar, Advocate
For the State : Mr. Vineet Kr. Vashishtha, A.P.P.
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rd
04/23 January, 2025
1. This Criminal Revision Application has
been filed by the petitioner challenging the judgment
dated 19th August, 2024, passed by Shri Shailendra
Kumar, learned Additional Judicial Commissioner-V,
Ranchi, in Criminal Appeal No. 190 of 2023, by which the
appeal preferred by the petitioner has been dismissed,
thereby affirming the judgment of conviction and order of
sentence dated 30th August, 2023, passed by Ms. Sonali
Singh, J.M.F.C.-XVIII, Ranchi, in G.R. Case No.3280 of
2015 ( arising out of P.S. Case No. 254 of 2015), by which
the petitioner has been convicted for the offence under
Section 420 of IPC and sentenced to undergo S.I. for Two
(02) years and also to pay the fine of Rs. 2000/-.
2. The instant Interlocutory Application has
been filed on behalf of the petitioner for grant of bail
during pendency of this Criminal Revision Application.
3. Learned counsel for the petitioner has
submitted that the impugned judgments and sentence
passed by the learned Courts below are illegal and not
sustainable in the eye of law. It is submitted that the
Informant has falsely implicated the petitioner in this
case. It is submitted that the P.W.2 is the landlord of the
land in question, who has received the full consideration
amount. However, the Court below has committed
illegality by convicting the petitioner for the offence under
Section 420 I.P.C. It is further submitted that the
petitioner has remained in custody for 15 months and
hence, the petitioner may be released on bail.
4. On the other hand, learned A.P.P.
appearing for the State has opposed the prayer for bail.
It is submitted that the petitioner has
cheated the Informant of Rs.3,00,000/- (Rupees 3 lacs)
and hence, the prayer for bail may be rejected.
5. Having heard learned counsel for both the
sides and considering the facts of the case and on perusal
of the Lower Court records, it appears that the petitioner
was the broker of the landlord P.W.2-Ajay Oraon and he
has been implicated only for introducing himself as the
landlord, whereas, in fact, P.W.2 is the landlord in
question and who has received the entire consideration
amount.
6. It also appears from the record of the
learned Trial Court that the petitioner was in custody
from 04.01.2016 to 16.02.2017. Thereafter, after
dismissal of the criminal appeal he had surrendered
before the learned Court below on 14.11.2024 and since
then he is in custody and thus it appears that the
petitioner has been in custody for about15 months of the
sentence of Simple Imprisonment of Two (02) years.
7. Therefore, taking into consideration the
period of custody of the petitioner and on the facts and in
the circumstances of this case, the petitioner, namely
Sandeep Kispotta @ Sandeep Kispostta is directed to be
released on bail, on furnishing bail bond of Rs.10,000/-
with two sureties of the like amount each to the
satisfaction of Ms. Sonali Singh, learned J.M.F.C.-XVIII,
Ranchi or her Successor Court in connection with G.R.
Case No.3280 of 2015 ( arising out of P.S. Case No. 254 of
2015).
8. Thus, this I.A. No. 12658 of 2024 is
allowed and stands disposed of.
Criminal Revision No. 1234 of 2024
9. The L.C.R. has also been received.
10. Issue Notice to O.P. No. 2 vide Registered
Post with A/D as well as Ordinary Process, as to why this
Criminal Revision Application be not admitted and
disposed of at the stage of Admission itself, for which
requisites etc. shall be filed within two weeks.
11. Put up this case on 24th March, 2025.
(Sanjay Prasad, J.)
s.m.
