Mantu Kumar, Son Of Pramod Kumar Singh v. State Of Jharkhand
2019-01-18
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioners have been convicted for the offence punishable under section 353 IPC and they have been sentenced to undergo Simple Imprisonment for one year. Their appeal vide Cr. Appeal No.59 of 2009 has been dismissed. 2. Mr. Jitendra S. Singh, the learned counsel for the petitioners submits that in terms of section 361 Cr. P.C the court has to assign reasons for declining the benefits under section 360 Cr.P.C/ section 4 of the Probation of Offenders Act, 1958. Moreover, the Junior Engineer who was entrusted with the tender papers has not identified the petitioners in the court and while so, offence under section 353 IPC cannot be said to be made out. 3. Mr. Praveen Kr. Appu, the learned APP submits that one of the witnesses has however identified the petitioners. 4. In view of the aforesaid facts, and for the reasons indicated in this application, the judgment and order passed in G.R.Case No.1343 of 2007 corresponding to T.R.No.836 of 2009 as affirmed by the appellate court in Cr. Appeal No.59 of 2009 shall remain suspended during pendency of this criminal revision petition. 5. Accordingly, on furnishing bail bonds for Rs.10,000/- each with two sureties alike by both the petitioners they shall be released on bail with the condition that whenever their presence is required in the Court they shall appear before this Court. 6. I.A. No.468 of 2019 stands allowed. 7. Cr. Rev. No.526 of 2018 Let the lower court records pertaining to G.R.Case No.1343 of 2007 corresponding to T.R.No.836 of 2009 be called for within six weeks. 8. Post the matter on 27.03.2019.