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Chatradhari Mandal @ Chhatradhari ... vs State Of Jharkhand ....... Opp. Parties
2025 Latest Caselaw 3177 Jhar

Citation : 2025 Latest Caselaw 3177 Jhar
Judgement Date : 7 March, 2025

Jharkhand High Court

Chatradhari Mandal @ Chhatradhari ... vs State Of Jharkhand ....... Opp. Parties on 7 March, 2025

Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No. 138 of 2025

Chatradhari Mandal @ Chhatradhari Mandal
                                   ......                 Petitioner
                    Versus
State of Jharkhand                          .......      Opp. Parties
                   ---------

CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

----------

For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Vineet Vashistha, Spl.PP

-----------

th 03/Dated:07 March, 2025 I.A. No.2680 of 2025

This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 17.05.2023 passed by Ms. Neerja Ashri, learned Additional Sessions Judge- IX, Giridih in Cr. Appeal No.66 of 2017 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 19.06.2017 passed by Sri Nishi Kant, learned Judicial Magistrate- Ist Class, Giridih in G.R. Case No.633/2014 (T.R No.198 of 2017) by which the petitioner has been convicted for the offence under Section 47(a) of Excise Act and sentenced to undergo S.I. for two years and to pay fine of Rs.500/-.

2. I.A. No.2680 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.

3. Heard Mr. Mukesh Bihari Lal, learned counsel for the petitioner and Mr. Vineet Kumr Vashistha, learned Spl.PP for the State.

4. Learned counsel for the petitioner 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 the police has shown false recovery of 25 Liters of Mahua from the premises of the petitioner. It is submitted that the petitioner is in custody since 28.10.2024 and hence he may be enlarged on bail.

5. On the other hand, learned Spl.PP opposed the prayer for bail. It is submitted that Liters of Mahua was recovered from the premises of the petitioner and hence there is no illegality in the impugned judgments and sentence passed by the learned Courts below.

6. Having heard learned counsel for both the sides, it appears that during search 25 Liters of illegal Desi Mahua had been allegedly recovered from the premises of the petitioner.

7. It appears that the petitioner is in custody since 28.10.2024.

8. Under the circumstances and considering the custody, the petitioner namely Chatradhari Mandal @ Chhatradhari Mandal is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Nishi Kant, learned Judicial Magistrate-Ist Class, Giridih /or his Successor Court in connection with in G.R. Case No.633/2014 (T.R No.198 of 2017.

9. Thus, I.A. No.2680 of 2025 is allowed and stands disposed of.

10. Put up this case under the heading 'For Hearing' in the Month of January, 2026.

(Sanjay Prasad, J.) Saket/-

 
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