Jharkhand High Court
Mimahar @ Minmihar Sheikh vs The State Of Jharkhand on 27 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 458 of 2023
....
Mimahar @ Minmihar Sheikh, aged about 62 years Son of late
Dost Mohammad, resident of Village & PO- Illami, PS- Pakur
(M), District- Pakur, Jharkhand ...... Petitioner
Versus
1. The State of Jharkhand
2. Osimuddin Sheikh son of late Sajordi Sk., Village- Taranagar,
PO- Illami, PS- Pakur (M), District-Pakur, Jharkhand
...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Krishna Prajapati, Advocate
For the State : Mr. Vishwanath Roy, Spl.P.P.
.....
I.A. No. 7551 of 2024
09/27.01.2025 The present Criminal Revision No. 458 of 2023 has
been filed on behalf of the petitioner challenging the judgment
dated 17.03.2023 passed in Criminal Appeal No. 13 of 2019 by
Sri Bal Krishan Tiwari, the learned Principal Sessions Judge,
Pakur whereby learned Principal Sessions Judge, Pakur has
dismissed the Criminal Appeal No. 13 of 2019 and affirmed
the judgment of conviction and order of sentence dated
11.06.2019 passed by Mr. Nirmal Kumar Bharti, Judicial
Magistrate, 1st Class, Pakur in P.C.R. Case No. 344 of 2008
corresponding to T. R. No. 31 of 2019 by which the petitioner
has been convicted for the offences under Sections 323, 420
and 504 of the Indian Penal Code and has been sentenced to
undergo R.I. for a period of six (6) months for the offence
under Section 323 of the Indian Penal Code and has been
sentenced to undergo R.I. for a period of three (3) years for the
offence under Section 420 of the Indian Penal Code and has
been sentenced to undergo R.I. for a period of one (1) year for
the offence under Section 504 of the Indian Penal Code.
However, all the sentences have been directed to run
concurrently.
2. I. A. No. 7551 of 2024 has been filed on behalf of the
petitioner for grant of bail, during pendency of this 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 there is dispute of payment of Rs. 56,000/- by the petitioner
to the opposite party no. 2. It is submitted that the petitioner is in
custody since 08.07.2024 and as such, the petitioner may be
enlarged on bail.
5. Learned counsel for the State has opposed the prayer for
bail.
6. It appears from the records that the Co-ordinate Bench
(Justice Ratnaker Bhengra as then His Lordship was) of this
Court has admitted this Criminal Revision on 09.09.2024 and
issued notice to the opposite party no. 2 and observed that I.A.
for bail will be heard after receipt of the Lower Court Records.
7. It also appears from the office note that notice has been
received by the son of the opposite party no. 2, however, when
the case is called out, no one appears on behalf of the opposite
party no. 2.
8. It appears that the petitioner is nephew of opposite party
no. 2 and there is dispute of Rs. 56,000/-only allegedly paid by
the O. P. No. 2 to the petitioner and the petitioner is in custody
since 08.07.2024. This appears to be a case of civil dispute.
9. Considering the facts and in the circumstances of the
case and considering the custody of the petitioner, during
pendency of this Criminal Revision Application, the petitioner
namely Mimahar @ Minmihar Sheikh is directed to be released
on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand
only) with two sureties of the like amount each to the satisfaction
of Mr. Nirmal Kumar Bharti, Judicial Magistrate, 1st Class,
Pakur or/ his Successor Court in P.C.R. Case No. 344 of 2008
corresponding to T. R. No. 31 of 2019 subject to the condition
that one of bailor must be own relative of the petitioner.
10. Thus, I. A. No. 7551 of 2024 is allowed and stands
disposed of.
11. Issue fresh service of notice to the opposite party no. 2
on his present and correct address under registered cover with
A/D and ordinary process and for which requisites etc. must be
filed within three weeks from today.
Lower Court Records have already been received.
12. Put up this case on 09.04.2025.
(Sanjay Prasad, J.)
Kamlesh/
