Jharkhand High Court
Karamdeo Tirkey @ Karmdeo Tirkey @ Karma vs The State Of Jharkhand on 19 July, 2018
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 1052 of 2018
Karamdeo Tirkey @ Karmdeo Tirkey @ Karma ..... ... Appellant
Versus
The State of Jharkhand ..... ... Respondent
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellant : Mr. Gaurav, Advocate
For the State : A.P.P.
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3/19.07.2018 Learned counsel for the appellant submits that the
defect no. 9(ii), pointed out by the stamp reporter, is that the name of the convict appellant is not appearing in the operative part of the impugned judgment at page no. 27.
Perusal of the record reveals that in internal page no.17 of the impugned judgment learned Additional Sessions Judge-I, Khunti has mentioned that the "court find and hold that the accused persons namely --------- are hereby acquitted for the charges".
Perusal of the record further reveals that the court below has held all the accused persons of the case guilty for the offence under Section 353 I.P.C. and perusal of the order dated 20.6.2018 reveals that the appellant Karmdeo Tirkey @ Karma has been sentenced to undergo rigorous imprisonment for two years along with fine. The copy of the order sheet dated 20.6.2018 reveals that after conviction he has been granted provisional bail vide order dated 20.6.2018 till 19.7.2018. It is submitted by learned counsel for the appellant that the appellant is no way responsible for non-mentioning of his name in the operative portion of the judgment hence, the defect no. 9(ii), pointed out by the stamp reporter, be ignored.
Defect no. 9(vi), pointed out by the stamp reporter, is that in page no. 29 of the impugned judgment, seal has been affixed by the Copying Section of the Civil Court, Khunti without any signature. Learned counsel for the appellant submits that the appellant has produced the original certified copy as issued by the Copying Establishment of the Civil Court, Khunti and he has no role in not affixing the signature of the concerned official in the designated place in the seal. Therefore, it is submitted that the said defect may also be ignored.
Considering the submission made by the learned counsel for the appellant, defect nos. 9(ii) and 9(vi) are ignored.
The Registrar General of the Court is directed to call for an explanation from the Additional Sessions Judge-I, Khunti through the Principal District Judge, Khunti, as to under what circumstances the Additional Sessions Judge-I, Khunti has not mentioned the name of the appellant accused to whom he has acquitted, in the operative portion of the impugned judgment.
The Registrar General of the Court is also directed to send a certified copy of the last internal page no.19 of the impugned judgment dated 20.6.2018 passed in Sessions Trial No. 849/09 by the Additional Sessions Judge-I, Khunti to the Principal District Judge, Khunti with a direction to submit a report as to whether the said certified copy has been issued by the Copying Establishment of the Judgeship concerned and if issued, why no signature has been put by the concerned official in the designated place of the seal in page no.19 of the impugned judgment.
Both the explanations must be submitted to this Court within four weeks.
Supply a copy of this order to the Registrar General of this Court for compliance.
This appeal will be heard.
Admit.
Call for the Lower Court Records.
(Anil Kumar Choudhary. J.) I.A. No. 6179 of 2018 Heard learned counsel for the appellant and learned Addl.P.P. appearing for the State.
It is submitted that the court below after conviction has granted bail to the appellant provisionally vide order dated 20.6.2018 till today (19.7.2018). Hence, it is submitted the provisional bail granted to the appellant be confirmed.
Considering the aforesaid facts and circumstances of the case, the provisional bail, granted to the appellant, named above, vide order dated 20.6.2018, is confirmed till disposal of the appeal.
This interlocutory application stands disposed of accordingly.
(Anil Kumar Choudhary, J.) AKT