Citation : 2025 Latest Caselaw 2103 Jhar
Judgement Date : 29 January, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 771 of 2023
Dinesh Kumar Singh ...... Petitioner
Versus
1.The State of Jharkhand
2.Harbansh Kumar ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Pran Pranay, Advocate For the State : Mr. Manoj Kumar Mishra, APP For the O.P. No.2 : None
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th 08/Dated: 29 January, 2025
I.A. No.6833 of 2024
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 16.06.2023 passed by Sri Rajendra Kumar Sinha, learned Additional Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No.128 of 2022 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 30.07.2022 passed by Sri Bankim Chandra Chatterjee, learned S.D.J.M, Jamshedpur in G.R. Case No.416 of 2013, arising out of Kadma P.S. Case No.47 of 2013 by which the petitioner has been convicted for the offences under Sections 279 and 304-A of the IPC and sentenced to undergo R.I. for a period of six (06) months and R.I for a period of two (02) years.
However, both the sentences have been directed to run concurrently.
2. I.A. No.6833 of 2024 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail, during pendency of the present Criminal Revision Application.
3. Heard learned counsel for the petitioner and learned APP for the State.
4. 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 law. It is submitted that the allegation against the petitioner in the F.I.R is false and concocted. It is submitted that the petitioner is in custody since 05.07.2024 and he is ready to pay some compensation to the O.P. No.2 also and hence petitioner may be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer for bail.
6. None appears on behalf of the O.P. No.2 on repeated call.
7. It appears from the F.I.R that the petitioner was driving the Motorcycle when it had dashed upon the wife of the informant which caused her death.
8. Considering the fact that the petitioner is in custody since 05.07.2024 (i.e. for more than six months) and willing to pay the certain amount to the O.P. No.2, the petitioner namely Dinesh Kumar Singh 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 learned S.D.J.M, Jamshedpur in G.R. Case No.416 of 2013, arising out of Kadma P.S. Case No.47 of 2013, subject to payment of Rs.50,000/- as compensation to the O.P. No.2 at the time of filing bail bonds and the said compensation will be separate apart from the compensation which may be received by him in Motor Vehicle Accident Claim Case.
9. Thus, I.A. No.6833 of 2024 is allowed and stands disposed of.
10. Let a copy of this order be sent to the learned Court below by FAX.
11. Put up this case in usual course for hearing.
12. In the meantime, let a report be also called from the learned Secretary, DLSA, East Singhbhum, Jamshedpur, as to whether O.P. No.2 has received any compensation under the provisions of M.V. Act or not?
(Sanjay Prasad, J.) Saket/-
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