Harish Chandra Das @ Harischandra Das vs The State Of Jharkhand on 4 August, 2023

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Jharkhand High Court

Harish Chandra Das @ Harischandra Das vs The State Of Jharkhand on 4 August, 2023

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Rev. No.736 of 2023
         Harish Chandra Das @ Harischandra Das                  ..... ... Appellant
                                    Versus
         The State of Jharkhand                                .... .... Respondent
                                        --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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         For the Appellant                 : Mr. A. K. Chaturvedy, Advocate
         For the State                     : Mr. Rajneesh Vardhan, A.P.P.
                                          --------
03/04.08.2023         I.A. No. 6807 of 2023

This interlocutory application is for condonation of a delay of 428 days in preferring this criminal revision against the impugned order.

2. The reason disclosed for preferring this appeal belated is shown in para 4 and 5 of this I.A.

3. The same is found sufficient, accordingly, the delay in preferring this criminal revision is, hereby, condoned and the I.A No. 6807 of 2023 stands disposed of.

I.A. No. 6211 of 2023

4. This interlocutory application has been filed by the petitioner with the prayer to release the applicant on bail during pendency of this criminal revision and also with prayer to pass the order which the Hon'ble Court deems fit.

5. The learned counsel for the petitioner has submitted that as per prosecution case the police officer, SI, Surendra Prasad Singh lodged the FIR with the allegation that while patrolling and checking alongwith other police personnel on 06.01.2016 at 11:30 hours two persons came by the pulsar motorcycle from the side of Bhandra block. On suspicion the motorcycle was intercepted and both were apprehended. One was identified as Harish Chandra Das and another Aakash Oraon. No document of the motorcycle bearing registration no.JH-01AG-1007 could be shown by them. The apprehended accused also disclosed that they had also another stolen motorcycle from Ranchi bearing registration no. JH-08C- 3539. The motorcycle JH-01AG-1007 was seized at the spot and both the accused persons were arrested and the FIR was lodged.

6. The learned counsel for the petitioner has submitted that the learned trial court as well as the appellate court has upheld the conviction 2 Cr. Rev. No.736 of 2023 of appellant on the basis of confessional statement of the appellant himself. So far as the seizure memo is concerned. The witness of the seizure memo Raj Kumar Mahto and Banshi Oraon both were not examined on behalf of prosecution and accordingly, submitted to keep the sentence in abeyance and also to give the privilege of bail to the petitioner.

7. The learned APP for the State opposed the contentions made by the learned counsel for the petitioner and contended that the impugned order passed by the trial court as well as appellate court here no infirmity and needs no interference.

8. In view of the submissions made and materials available on record, it is a fit case for suspension of the sentence.

9. Accordingly, I.A. No.6211 of 2023 is allowed.

10. In consequence thereof, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned.

Cr. Revision No.736 of 2023

11. Admit.

12. Office is directed to call for the L.C.R.

13. List this criminal revision seriatim.

(Subhash Chand, J.) RKM

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