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Sawitri Kumari @ Sawitri Devi Aged About ... vs The State Of Jharkhand ....... Opp. ...
2025 Latest Caselaw 3155 Jhar

Citation : 2025 Latest Caselaw 3155 Jhar
Judgement Date : 6 March, 2025

Jharkhand High Court

Sawitri Kumari @ Sawitri Devi Aged About ... vs The State Of Jharkhand ....... Opp. ... on 6 March, 2025

Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
          Cr. Revision No. 249 of 2025
1.Sawitri Kumari @ Sawitri Devi aged about 30 years, D/o Somra
Sahu, W/o Basant Kumar Kachhap, R/o Village-Bangru,
Koshnatola, P.O. & P.S-Simdega, District-Simdega (Jharkhand)
2.Degee Burh aged about 30 years, D/o Late Abnegar Burh, R/o
Village Lachragarh, P.O. Lachragarh, PS-Kolebira, District
Simdega, Jharkhand                 ......            Petitioners
                     Versus
The State of Jharkhand               .......            Opp. Parties
                      with
           Cr. Revision No. 229 of 2025
Mamta Kumari aged about 27 years D/o Sadabrit Gope, W/o
Rabindra Gope, R/o Village-Khambhia, P.O. & P.S-Ghaghra,
District Gumla (Jharkhand)      ......            Petitioner
                     Versus
The State of Jharkhand                .......         Opp. Parties
                      ---------

CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

----------

For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Manoj Kumar Mishra, APP

-----------

th 02/Dated:06 March, 2025 I.A.(Cr.) No.2634 of 2025 in Cr. Rev. No.249 of 2025 and I.A. No.2635 of 2025 in Cr. Rev. No.229 of 2025 Both the Cr. Revision No.249 of 2025 and Cr. Revision No.229 of 2025 have been taken together on the point of hearing of bail as they arise out of the common judgment dated 20.12.2024 passed by Sri Naranjan Singh, learned Additional Sessions Judge-I, Simdega in Cr. Appeal No.11 of 2018 by which the appeal filed on behalf of petitioners in Cr. Revision No.249 of 2025 and Cr. Revision No.229 of 2025 has been dismissed thereby affirming the judgment of conviction and order of sentence dated 01.02.2018 passed by Sri Madhuresh Kumar Verma, learned C.J.M, Simdega in connection with G.R.

Case No.135 of 2013 (arising out of Simdega P.S. Case No.38 of 2013) by which the petitioners above named have been convicted for the offences under Section 420, 468 and 471 of IPC and all of them have been sentenced to undergo R.I. for three years for the offence punishable under section 420 of the IPC and to pay and cash fine of Rs.2,000/- each and they have further sentenced to undergo R.I. for three years each and to pay the cash fine of Rs.2000/- each for the offences under sections 468 and 471 of IPC respectively.

2. I.A.(Cr.) No.2634 of 2025 in Cr. Rev. No.249 of 2025 has been filed on behalf of the petitioners namely, Sawitri Kumari @ Sawitri Devi and Degee Burh and I.A. No.2635 of 2025 in Cr. Rev. No.229 of 2025 has been filed on behalf of the petitioner namely, Mamta Kumari for suspension of sentence and for grant of bail, during pendency of the present Criminal Revision Application.

3. Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioners and Mr. Manoj Kumar Mishra, learned APP for the State.

4. Learned counsel for the petitioners submitted that the impugned judgments and sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that two petitioners namely, Sawitri Kumari @ Sawitri Devi and Mamta Kumari are married lady and they are mother of kids whereas the other petitioner-Degee Burh is unmarried girl and they have voluntarily surrendered on 18.02.2025 after the dismissal of the appeal. It is submitted that prior to this also they have remained in custody for around one month. It is submitted that they have not intentionally committed the forgery and as such they may be enlarged on bail.

5. On the other hand, learned APP has opposed the prayer for bail. It is submitted that petitioners had produced forged documents and certificates for taking admission in ANM College. It is submitted that the documents produced by some of the persons were found proper but the documents of these three petitioners were found forged and invalid after making enquiry and as such the learned Courts below have rightly convicted them and as such prayer for bail of the petitioners may be rejected.

6. Having heard the learned counsel for both the sides and on going through the impugned judgments passed by the learned Courts below, it would appear that there is allegation of committing forgery by the petitioners by doing manipulation in their certificates of 10th Class.

7. It appears that due to tender age, the petitioners have committed the offence and two of them are married ladies and one of the petitioners Degee Burh (Cr. Rev. no.249/2025) is an unmarried girl and they are in custody since 18.02.2025.

8. Considering the fact that the petitioners are ladies and taking lenient view the petitioners namely, Sawitri Kumari @ Sawitri Devi and Degee Burh (Cr. Rev. No.249 of 2025) and the petitioner namely, Mamta Kumari (Cr. Rev. No.229 of 2025) are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Madhuresh Kumar Verma, learned C.J.M, Simdega/or his Successor Court, in connection with G.R. Case No.135 of 2013 (arising out of Simdega P.S. Case No.38 of 2013).

9. Thus, both I.A.(Cr.) No.2634 of 2025 in Cr. Rev. No.249 of 2025 and I.A. No.2635 of 2025 in Cr. Rev. No.229 of 2025 are allowed and stand disposed of.

Cr. Rev. No. 249 of 2025 with Cr. Rev. No.229 of 2025

10. Call for the scanned copy of the Lower Court Records along with the neatly typed copy of the case diary. 11 Put up these cases in the month of October, 2025 'For Admission.'

12. It will be open to the State to file counter affidavit.

(Sanjay Prasad, J.) Saket/-

 
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