Citation : 2025 Latest Caselaw 4273 Jhar
Judgement Date : 25 June, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.256 of 2025
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Mangta Soy ......Petitioner
Versus
1. The State of Jharkhand
2. Nandlal Pingua ......Opp. 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 : Ms. Amrita Kumari, A.P.P ......
Order No.07/25.06.2025 It appears from the report received from the learned Secretary, DLSA, West Singhbhum, at Chaibasa that O.P. No.2 has not filed any case under the provisions of Section 166 of Motor Vehicle Act.
2. Under the circumstance, the learned Secretary, DLSA, West Singhbhum is directed to intimate the informant of this case through the Para legal Volunteers for filing proper application under the provisions M.V. Act before the appropriate forum in accordance with law and submit a report on or before this Court on 12.08.2025.
3. The learned Secretary, DLSA shall apprise the Chairman, D.L.S.A i.e. Principal and District Judge also who may also issue necessary guideline to the Secretary D.L.S.A and also to the para legal volunteers in the District of Chaibasa.
4. This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 01.08.2023 passed by the Vishwa Nath Shukla, then learned Sessions Judge, Chaibasa by which the appeal of the petitioner has been dismissed and thereby affirming the judgment and order of sentence dated 12.05.2023
passed by Sri Binod Kumar, learned Additional Chief Judicial Magistrate, West Singhbhum at Chaibasa in connection with G.R. Case No.45 of 2021 arising out of Majhgaon P.S. Case No.28 of 2019 by which the petitioner has been convicted for the offences under Section 279,304-A, 407 of the IPC and under Section 184 of the M.V. Act and sentence to undergo R.I. for six (06) months, R.I. of two (02) years and R.I. for One (01) year and R.I. of six (06) months to pay a fine of Rs.1,000/- and Rs.5,000/- and Rs.2,000/- and Rs.1,000/- respectively.
However, all the sentences have been directed to run concurrently.
5. I.A. No.5272 of 2025 has been filed on behalf of the petitioner for grant of bail during the pendency of this Criminal Revision.
6. Heard learned counsel for the petitioner and learned APP.
7. Learned counsel for the petitioner has submitted that the impugned judgment of conviction and sentence passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that there is no eyewitness of the occurrence. It is submitted that the petitioner is in custody since 20.12.2024 i.e. for around more than six (06) months and hence he may be enlarged on bail.
8. On the other hand, learned APP has opposed the prayer of bail.
9. Perused the Lower Court Records of this case and considered the submissions made on behalf of learned counsel for both the sides.
10. It appears that the petitioner was driver of the apprehending vehicle.
11. Considering the facts and circumstance of this case and the custody to the petitioner, the petitioner namely Mangta Soy has been granted bail for the period of four (04) months, on furnishing bail bonds of Rs.15,000/- (Rs.Fifteen Thousand) with two sureties of the like amount each, to the satisfaction Sri Binod Kumar, learned Additional Chief Judicial Magistrate, West Singhbhum at Chaibasa or his Successor Court in connection with G.R. Case No.45 of 2021 arising out of Majhgaon P.S. Case No.28 of 2019 subject to the condition that one of bailors must be own relative of the petitioner.
12. Thus, I.A. No.5272 of 2025 is allowed and stands disposed of.
13. Put up this case on 12th August 2025.
14. Let a copy of this order be sent to the learned Court below.
(Sanjay Prasad, J.) Nishant/-
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