Sitaram Rawani And Ors vs State Of Jharkhand

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

The present revision petition is admitted for hearing.

Call for the L.C.R.

I.A. No. 2826/2020

The present interlocutory application has been filed on behalf of the petitioners for modification of the order dated 24.02.2020 passed by a Bench of this Court praying inter alia for extending the period of removing the defects.

Learned counsel for the petitioners submits that vide order dated 24.02.2020, the Court granted two weeks' time to remove the defects. However, due to some unavoidable circumstance, one of the defects i.e. filing of surrender certificate of the petitioners could not be removed within the said period. All the petitioners are in judicial custody as would be evident from their Vakalatnama obtained from the concerned jail.

Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the peremptory time granted vide order dated 24.02.2020 is hereby extended till filing of the Vakalatnama of the petitioners i.e. 18.03.2020.

The present interlocutory application stands disposed of.

I.A. No. 2976/2020

The present interlocutory application has been filed on behalf of the petitioners for suspension of sentence awarded to them by the learned Trial Court and their release on bail during the pendency of the present revision petition.

Learned counsel for the petitioners submits that the learned Trial Court has not considered the materials available on record in true perspective and has erroneously convicted and sentenced the petitioners to undergo S.I for six months for the offence under Section 147 IPC as well as S.I for three years for the offence under Section 325 IPC. The learned Appellate Court also erroneously upheld the judgment of conviction passed by the learned Trial Court, however, reduced the sentence awarded under Section 325 IPC to two years. It is further submitted that Mantu Rawani, who is the main accused in this case, absconded and the petitioners faced separate trial. The petitioners are the senior citizens and they are in judicial custody since 16.03.2020 in connection with the present case. It is further submitted that the petitioners have a good case in revision. Hence, execution of the sentence awarded to the petitioners by the learned Trial Court which has been affirmed and modified by the learned Appellate Court may be suspended during the pendency of the present revision petition.

Learned A.P.P appearing on behalf of the State of Jharkhand opposes the said submissions of the learned counsel for the petitioners on merit.

Having heard learned counsel for the parties and considering the materials available on record, the execution of the sentence awarded to the petitioners by the learned Trial Court which has been affirmed and modified by the learned Appellate Court, shall remain suspended during the pendency of the present revision petition.

Accordingly, the above named petitioners are directed to be released on bail, during the pendency of the present revision petition, on furnishing bail-bond of Rs.20,000/- (twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned 2nd Asst., Sessions Judge, Deoghar in connection with Sessions Case No. 193/2000.