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2021 DIGILAW 593 (JHR)

Pravesh Mahra, son of Sahu Mahara v. State of Jharkhand

2021-08-06

ANUBHA RAWAT CHOUDHARY

body2021
ORDER : 1. Heard Mr. Vijay Shankar Prasad, learned counsel appearing on behalf of the petitioners. 2. Heard Mr. Shailesh Kumar Sinha, learned counsel appearing on behalf of the opposite party - State. 3. This criminal miscellaneous petition has been filed for extension of six weeks’ further time to deposit the fine amount of Rs.3,000/- as ordered by this Court vide order dt. 24.9.2020 in Cr. Revision No.1051 of 2014 for each of the petitioners. The petitioners have further prayed that they may be allowed to live on earlier bail bond till the deposit of the fine amount. 4. Learned counsel for the petitioners submits that the solitary surviving defect is in connection with filing of the synopsis of case which has been removed by filing it online and accordingly the same may be accepted. 5. The online filing of the synopsis is hereby accepted. 6. With the consent of the learned counsel for the parties, this case is taken up on merits. 7. Learned counsel for the petitioners submits that the present petition has been filed for extension of time in connection with the time frame for deposit of the fine amount as mentioned in para 17 of the judgment dated 24.09.2020 passed in Criminal Revision No.1051 of 2014. The Criminal Revision No. 1051 of 2014 arises out of judgment dated 25.09.2014 passed by the learned Additional Sessions Judge-IV, Palamau at Daltonganj in Criminal Appeal No. 113 of 2011 whereby the conviction of the petitioners under Sections 148 and 447 of the Indian Penal Code passed by the learned trial court was affirmed. The learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in Complaint Case No. 629 of 2006/T.R. No. 704/2011 had convicted the petitioners under Sections 148 and 447 of Indian Penal Code and had sentenced the petitioners to undergo rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code and rigorous imprisonment for three months for the offence under Section 447 of Indian Penal Code and both the sentences were directed to run concurrently. 8. Learned counsel submits that due to COVID – 19, the petitioners could not arrange the fine amount and accordingly, the same could not be deposited on time. However, he submits that as of now, the petitioners have made arrangement and they are ready to deposit the fine amount within a period of 4 weeks from today. 8. Learned counsel submits that due to COVID – 19, the petitioners could not arrange the fine amount and accordingly, the same could not be deposited on time. However, he submits that as of now, the petitioners have made arrangement and they are ready to deposit the fine amount within a period of 4 weeks from today. 9. Learned counsel appearing on behalf of the State, on the other hand, submits that he does not have any objection to the prayer of modification as prayed for by the learned counsel for the petitioners. 10. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and being satisfied with the reason shown for non-deposit of the fine amount within the time stipulated in para 17 of the judgment dated 24.09.2020 passed in Criminal Revision No.1051 of 2014, the time period to deposit the fine amount as mentioned in para 17 of the aforesaid judgment is hereby extended till 10th of September, 2021. 11. With the aforesaid modification of the judgment dated 24.09.2020 passed in Criminal Revision No.1051 of 2014, this criminal miscellaneous petition is disposed of. 12. Let this order be communicated to the learned court below through FAX/E-mail. Petition disposed of accordingly.