Md. Karim vs The State Of Jharkhand
2025 Latest Caselaw 190 Jhar

Jharkhand High Court

Md. Karim vs The State Of Jharkhand on 6 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Revision No. 1236 of 2022
                                       ....

Md. Karim, aged about 28 years, Son of Md. Sameer, Resident of Village- Simdri, PO- Chakradharpur, PS- Chakradharpur, District- West Singhbhum ......Petitioner Versus

1. The State of Jharkhand

2. Victim (Informant) ...... Opp. Parties.

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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            For the Petitioner      : Mr. Abhinav Raj, Advocate
                                       Mr. Gautam Kumar, Advocate
                                       Mr. Birat Kumar, Advocate
            For the State           : Mr. P. D. Agarwal, Spl.P.P.
            For the O. P. No. 2     : None.
                                ------

10/06.05.2025       The present Criminal Revision has been filed on behalf of

the petitioner challenging the judgment dated 26.08.2022 passed in Criminal Appeal No. 49 of 2022 by Sri Vishwa Nath Shukla, the learned Sessions Judge, Chaibasa by which learned Sessions Judge, Chaibasa has dismissed the Criminal Appeal No. 49 of 2022 by affirming the judgment of conviction and order of sentence dated 17.06.2022 passed by Ms. Rajshree Aparna Kujur, learned Judicial Magistrate, 1st Class, West Singhbhum at Chaibasa in connection with Chakardharpur P. S. Case No. 54 of 2014 corresponding to G. R. No. No. 143 of 2014 by which the petitioner has been convicted for the offence under Section 354 of the Indian Penal Code and sentenced to undergo S.I. for a period of two (2) years and to pay the fine of Rs. 2,000/-.

2. I. A. No. 2321 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.

3. It appears from the FIR that the petitioner is alleged to have teased the informant on 07.06.2014 at around 1.30 hours while she was sleeping and when she raised alarm, then the petitioner tried to flee away, but he was caught by the villagers and he was also assaulted.

4. Heard learned counsel for the petitioner and learned counsel for the State.

5. It is submitted by the learned counsel for the petitioner that impugned judgments and order of sentence passed by the learned Court are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is in still custody and he was awarded sentence of undergo S.I. for a period of two (2) years and to pay the fine of Rs. 2,000/- for the offence under Section 354 of the Indian Penal Code. It is submitted that the petitioner has surrendered before the learned Court below on 15.06.2023 and as such, he may be enlarged on bail.

6. Learned counsel for the State opposed the prayer for bail.

7. Having heard learned counsel for both the sides.

8. It appears from the records that earlier this case was listed before the Co-ordinate Bench (Hon'ble Mr. Justice Arun Kumar Rai) of this Court on 17.05.2024 in which the custody report was called for from the Jail Superintendent, West Singhbhum, Chaibasa and thereafter the matter was listed before the Another Co-ordinate Bench (Hon'ble Mr. Justice Gautam Kumar Choudhary) of this Court on 21.06.2024 and this case has been listed for the first time on filing of Bench Slip.

9. Considering the facts and in the circumstances of the case and also considering the fact that the petitioner is in custody since 15.06.2023, during pendency of this Criminal Revision, the

petitioner namely Md. Karim is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Rajshree Aparna Kujur, learned Judicial Magistrate, 1st Class, West Singhbhum at Chaibasa/or her Successor Court in connection with Chakardharpur P. S. Case No. 54 of 2014 corresponding to G. R. No. No. 143 of 2014.

10. Thus, I. A. No. 2321 of 2024 is allowed and stands disposed of.

11. Learned counsel for the petitioner is directed to implead the victim girl 'X' as the opposite party no. 2.

12. Issue notice to the newly added opposite party no. 2 under registered cover with A/D and ordinary process and for which requisites etc. must be filed within one week after Summer Vacation, 2025.

13. Learned counsel for the State is directed to get served the notice upon the victim girl 'X' through the concerned police station.

14. Put up this case on 17.07.2025 under appropriate heading.

15. Let a copy of this order be handed over to the learned Spl.P.P. for the needful.

(Sanjay Prasad, J.) Kamlesh/