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2025 DIGILAW 551 (JHR)

Asim Minz Son of Eshak Minz v. State of Jharkhand

2025-02-21

SANJAY PRASAD

body2025
JUDGMENT : SANJAY PRASAD, J. I.A. No. 6903 of 2024 The present Criminal Revision No. 776 of 2023 has been filed on behalf of the petitioner challenging the judgment dated 08.06.2023 passed in Criminal Appeal No. 41 of 2018 by Sri Rajkamal Mishra, learned Sessions Judge, Simdega whereby learned Sessions Judge, Simdega has dismissed the Criminal Appeal No. 41 of 2018 and affirmed the judgment of conviction and order of sentence dated 19.07.2018 passed by Shera Samson Tirkey, Judicial Magistrate, 1 st Class, Simdega in connection with Mufassil P. S. Case No. 05 of 2016 corresponding to G. R. No. 202 of 2016 [T. R. No. 66 of 2018] by which the petitioner has been convicted for the offences under Sections 279, 337 and 338 of the Indian Penal Code and sentenced to undergo S.I. for a period of six (6) months and to pay a fine of Rs. 500/- for the offence under Section 279 of the Indian Penal Code and sentenced to undergo S.I. for a period of six (6) months and to pay a fine of Rs. 500/- for the offence under Section 337 of the Indian Penal Code and sentenced to undergo S.I. for a period of two (2)years and to pay a fine of Rs. 500/- for the offence under Section 338 of the Indian Penal Code.However, all the sentences have been directed to run concurrently. 2. I.A. No. 6903 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of the Criminal Revision Application. 3. Heard learned counsel for the petitioner and learned counsel for the State. 4. It is submitted by the learned counsel for the petitioner that the impugned judgments and order passed by the learned Court below are not sustainable in the eyes of law. It is submitted that the petitioner is in custody since 04.07.2024 and as such, the petitioner may be enlarged on bail. 5. Learned counsel for the State has opposed the prayer for bail. 6. Considering on the facts and in the circumstances of the case and also the fact that the petitioner is in custody since 04.07.2024, during pendency of this Criminal Revision Application, the petitioner namely Asim Minz is directed to be released on provisional bail for a period of six months from today, on furnishing bail bond of Rs. 6. Considering on the facts and in the circumstances of the case and also the fact that the petitioner is in custody since 04.07.2024, during pendency of this Criminal Revision Application, the petitioner namely Asim Minz is directed to be released on provisional bail for a period of six months from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Shera Samson Tirkey, Judicial Magistrate, 1 st Class, Simdega/ or his Successor Court in connection with Mufassil P. S. Case No. 05 of 2016 corresponding to G. R. No.202 of 2016 [T. R. No. 66 of 2018]. 7. Thus, I.A. No. 6903 of 2024 is allowed and stands disposed of. 8. Learned counsel for the petitioner is directed to implead the informant as opposite party no. 2 in the instant Criminal Revision Application. 9. Issue notice to the opposite party no. 2 under registered cover with A/D and ordinary process and for which requisites etc. must be filed within two weeks from today. 10. Call for the scanned copy of the Lower Court Records. 11. If requisites are filed, put up this case on 28.04.2025. 12. Call for the report from the learned Secretary, DLSA, Simdega as to whether any compensation amount has been paid under Section 116 of M. V. Act to the injured persons or not ? Let a copy of this order be sent to the learned Secretary, DLSA, Simdega by the office at once.