Upendra Kumar Singh 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.

I.A. No. 3044 of 2020

The present interlocutory application has been filed on behalf of the petitioner for suspension of sentence awarded to him vide order dated 17.01.2018 passed by the learned trial court and his release on bail during the pendency of the present appeal.

Learned counsel for the petitioner submits that the learned Trial Court has erroneously convicted the petitioner under Section 406 of I.P.C. and sentenced him to undergo R.I. for 1 ½ years along with a fine of Rs. 3,000/- 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 09.05.2019 in Cr.Appeal No. 52 of 2018 by the learned appellate court i.e. the court of Additional Judicial Commissioner-VII-cum-Special Judge, CBI-(AHD)-cum-Spl. Court (CAW), Ranchi, the petitioner has surrendered before the concerned court below on 02.12.2019 and since then he 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 17.01.2018 passed in Complaint Case No. 2095 of 2010 (T.R. No. 848 of 2018) which has been affirmed by the learned appellate court vide order dated 09.05.2019 passed in in Cr. Appeal No. 52 of 2018 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, Ranchi in connection with Complaint Case no. 2095 of 2010 (T.R. No. 848/2018).

I.A. No. 3044 of 2020 stands disposed of.