Arshad Hussain @ Ashad Hussain v. State of Jharkhand
2025-03-03
SANJAY PRASAD
body2025
DigiLaw.ai
ORDER : SANJAY PRASAD, J. In this case, the Informant has filed this Criminal Revision application by challenging the sentence passed by the learned Appellate Court below by which the learned Appellate Court below has directed the Opposite Party Nos.2 and 3 to execute Probation of Bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of like amount in terms of Section 4 of Probation of Offenders Act, and for keeping peace and maintaining good behaviour for the period of one year. Although, the Opposite Party Nos. 2 and 3 were convicted for the offence under Section 385/34, 341/34 of I.P.C. and sentenced to undergo S.I. for two years and S.I for one month respectively by the Court of Sri Ashok Kumar, No. IV, learned Judicial Magistrate, First Class, Ranchi in connection with GR. Case No. 3700 of 2015 arising out of Ratu P.S. Case No.97 of 2015. 2. Having heard learned counsel for both the sides and in view of the averments made in Paragraph nos.5, 6 and 7 of the I.A. no.1128 of 2025 the delay of 28 day in filing the instant Criminal Revision Application is hereby condoned. 3. Thus, I.A. No. 1128 of 2025 is allowed and stands disposed of. 4. This is a case of demand of ransom by the accused persons from the house of the Informant, the accused persons i.e. the O.P. No.2 namely Rabul Ansari and O.P. No.3 Hassan Ansari along with two unknown land brokers came and had obstructed the construction work going on at the informant’s land, by using abusive language and had also demanded ransom of Rs.2 Lakh and they had forcibly taken away an iron grill worth Rs.6,000/- and other articles on 17.01.2015 and the accused i.e. O.P. No.2 and O.P. No.3 again came on 20.01.2015 and had damaged by breaking the lock of main gate. 5. Issue notice to the O.P. Nos.2 and 3, as to why this Criminal Revision Application may not be admitted and/or disposed of at the stage of admission itself and for which, requisites etc. under registered cover with A/D as well as by ordinary process must be filed within ten days from today. 6. Call for the legible scanned copy of Lower Court Records. 7.
under registered cover with A/D as well as by ordinary process must be filed within ten days from today. 6. Call for the legible scanned copy of Lower Court Records. 7. It appears that the learned Appellate Court below has taken a very lenient view by releasing the Opposite Party Nos.2 and 3 on Probation of Offenders Act, in this case and the above O.P. No.2 and O.P. No.3 were convicted for the offence under Section 385/34 by the learned Trial Court below i.e the Court of st Sri Ashok Kumar-IV, Judicial Magistrate 1 Class, Ranchi. 8. Let an explanation be also called for from the learned Appellate Court for passing a lesser punishment in case of conviction for the offence like under Section 358/34 I.P.C through the learned Registrar General. 9. The learned Registrar General is directed to call for explanation from the learned Appellate Court below and place the same before this Court in the sealed cover. 10. Let a copy of this order be sent to the Office of learned Registrar General and learned Court below for the needful. 11. Put up this case on 30th April 2025.