Bina Devi vs State Of Jharkhand And Ors

The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.

Let a personal notice be served to the opposite party no. 2 by the petitioner through speed post/any electronic mode and an affidavit be filed regarding service of notice upon the opposite party no.2. Call for the L.C.R. Motion has been made on behalf of the petitioner through e-mail dated 04.05.2020 praying for suspension of sentence awarded to the petitioner by the learned Judicial Magistrate-1st Class, Giridih in connection with Complaint Case no. 472 of 2006 (T.R. No. 212/2016), a copy of which has been put on record.

Learned counsel for the petitioner submits that the learned Trial Court has erroneously convicted the petitioner under Section 420 of I.P.C. and sentenced her to undergo R.I. for two years along with a fine of Rs. 2,000/- which has been affirmed by the learned appellate court. It is further submitted that both the learned courts below have not considered the materials available on record in true perspective. It is also submitted that after passing of the judgment dated 10.01.2019 in Cr.Appeal No. 25 of 2016 by the learned appellate court i.e. the court of Additional Sessions Judge-I, Giridih, the petitioner has surrendered before the concerned court below on 12.03.2020 and since then she is in judicial custody. It is further submitted that the petitioner has a good case in revision, hence execution of the sentence awarded to the petitioner by the learned trial court may be suspended during the pendency of the present revision petition.

Learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no. 1) opposes the submission of the learned counsel for the petitioner on merit.

Having heard the learned counsel for the parties and considering the materials available on record, the execution of the sentence awarded to the petitioner by the learned trial court vide order dated 27.05.2016 passed in Complaint Case No. 472 of 2006 (T.R. No. 212 of 2016) which has been affirmed by the learned appellate court vide order dated 10.01.2019 passed in in Cr. Appeal No. 25 of 2016 shall remain suspended during pendency of the present revision petition.

Accordingly, the petitioner, above named, is directed to be released on bail, during the pendency of the present revision petition, on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Giridih in connection with Complaint Case no. 472 of 2006 (T.R. No. 212/2016).