Som Nath Banerjee vs The State Of Jharkhand
2025 Latest Caselaw 239 Jhar

Jharkhand High Court

Som Nath Banerjee vs The State Of Jharkhand on 7 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Rev. No.1562 of 2016
                         ....

Som Nath Banerjee                              ......Petitioner
                         Versus
1. The State of Jharkhand
2. Pratima Banerjee                            ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner       : Mr. Asit Baran Mahato, Advocate
For the State            : Mrs. Mohua Palit, A.P.P
For the O.P. No.2        : Mr. M.B. Lal, Advocate
                         ......
Order No.15/07.05.2025

This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 30.08.2016 passed in Criminal Appeal No.43/2014 1254/2014 passed Sri Sanjay Kumar No.1, learned Additional Sessions Judge VIII, Dhanbad by which the appeal has been dismissed and thereby affirming the judgment of conviction and order of sentence dated 28.02.2014 by Shri Partha Sarathi Ghosh, Judicial Magistrate 1st Class, Dhanbad in connection with C.P. Case No.1440 of 2010, T.R. No.748 of 2014, by which the petitioner has been convicted for the offence under Section 498(A) of the IPC and sentenced to undergo R.I. for two years and to pay a fine of Rs.4,000/-.

2. I.A. No.4544 of 2025 has been filed on behalf of the petitioner for suspension of sentence and grant of bail during pendency of this Criminal Revision.

3. Learned counsel for the petitioner submitted that earlier the Co-ordinate Bench (Hon'ble Mr. Justice Rongon Mukhopadhyay) of this Court vide order dated 20.06.2017 had granted bail to the petitioner. However, vide order dated

27.11.2024, the bail of the petitioner has been cancelled by the Co-ordinate Bench (Hon'ble Justic Rajesh Kumar) of this Court.

4. It is submitted that due to inadvertence of the learned counsel for the petitioner, he could not marked on the daily cause list on 27.11.2024 due to this mistake on his part, he could not appear on 27.11.2024 before this Court and the bail of the petitioner was cancelled by the Co-ordinate Bench (Hon'ble Justic Rajesh Kumar) of this Court.

It is submitted that he is ready to argue this case on any date fixed in this case and the petitioner has been penalised due to mistake on the part of the learned counsel and the petitioner is in custody since 06.01.2025 and hence the petitioner may be enlarged on bail.

5. On the other hand, learned APP has not opposed the prayer for bail.

6. Learned counsel for the O.P. No.2 has opposed the prayer for bail and submitted that the petitioner should have remained careful.

7. Having heard learned counsel for both the sides and from perusal of the records of this case, it appears that the petitioner was convicted by the learned Trial Court for the offence under Section 498-A of IPC and sentenced to undergo R.I for two years and to pay a fine of Rs.4,000/-

8. It appears that the vide order dated 20.06.2017 passed by the Co-ordinate Bench (Hon'ble Mr. Justice Rongon Mukhopadhyay) of this Court had directed the petitioner to be released on bail.

9. It also appears that when the case was fixed on 27.11.2024 before the Co-ordinate Bench (Hon'ble Justic Rajesh Kumar) of

this Court, none appeared on behalf of the petitioner, as such the bail has been cancelled by the Co-ordinate Bench (Hon'ble Justic Rajesh Kumar) of this Court vide order dated 27.11s.2024.

10. It appears that this is a case of matrimonial dispute and the petitioner is in custody since 06.01.2025.

11. Considering the facts and circumstances of this case and also considering the custody of the petitioner, the petitioner namely Som Nath Banerjee is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each, to the satisfaction Shri Partha Sarathi Ghosh, Judicial Magistrate 1st Class, Dhanbad or his Successor Court in connection with C.P. Case No.1440 of 2010, T.R. No.748 of 2014.

12. However, the learned counsel for the petitioner is directed to be remained careful in future.

13. I.A. No.4544 of 2025 is allowed and stands disposed of.

14. Put up this case in the month of October, 2025 under the same heading.

(Sanjay Prasad, J.) Nishant/-