Jharkhand High Court
Manoj Kumar Gupta vs The State Of Jharkhand on 6 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.811 of 2025
Manoj Kumar Gupta, aged about 52 years, S/o Late Bhagwat Ram
Gupta, R/o Shiv Shakti Nagar, Chas, P.O. & P.S. - Chas, District -
Bokaro, Jharkhand ... Petitioner
Versus
1. The State of Jharkhand
2. Puran Ram ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Mukesh Kumar, Advocate.
For the State : Mr. Ajay Kr. Pathak, APP
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5/06.10.2025 Issue notice to the opposite party No.2 through registered post
with A/D as well as through ordinary process, for which, requisites
etc. must be filed within a week.
2. Call for the Trial Court Record.
3. I.A. No.10634 of 2025 has been filed for suspension of sentence
passed by learned Addl. Sessions Judge-II, Bokaro by order dated
22.04.2025 in Criminal Appeal No.65 of 2025.
4. Learned counsel appearing for the petitioner submits that the
Trial Court has sentenced the petitioner to undergo S.I. for 03 years
and fine of Rs.5,000/- under Section 411 of IPC and in default of
payment of the fine to further undergo S.I. for three months in
connection with G.R. Case No.845 of 2022 arising out of Siyaljori P.S.
Case No.43 of 2022. The appellate Court has converted the sentence
under Section 414 of IPC. However, sentence is for three years.
5. Learned counsel further submits that even the petitioner has no
criminal antecedent, the maximum sentence has been awarded to the
petitioner. He also submits that the learned Appellate Court has been
pleased to modify Section 411 of IPC to Section 414 of IPC, however
the period of sentence is same. He further submits that the learned
appellate court has failed to consider the Section 4 of Probation of
Offenders Act against the petitioner. He then submits that if such case
is there, the learned Court is required to give special reason of not
applying of Section 4 of Probation of Offenders Act and buttress to his
argument, he refers to the Judgment passed by the Hon'ble Supreme
Court in case of Chellammal and Another Vs. State Represented by
the Inspector of Police reported in 2025 SCC OnLine SC 870. He
then submits that the petitioner was in custody since 30.06.2022 to
20.10.2022 during the pendency of trial and he surrendered before the
learned Court on 04.08.2025 and since then he is in custody.
6. Learned counsel appearing for the State opposed the prayer and
submits that both the Courts have given the concurrent findings.
7. In view of the above and considering the nature of allegation,
the petitioner above named is directed to be released on bail, on
furnishing bail bond of Rs.25,000/-(Rupees Twenty-Five Thousand)
with two sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Bokaro, in connection with G.R. Case
No.845 of 2022, arising out of Siyaljori P.S. Case No.43 of 2022.
8. As such, I.A. No.10634 of 2025 is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
06.10.2025
R.Kumar
