IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Krishna Sinku, son of Ganesh Sinku - Petitioner
Versus
The State of Jharkhand and Anr. – Opp. Parties
Cr. Rev. No. 509 of 2024
Decided On : 25-02-2025
(A) Indian Penal Code, 1860 - Sections 323, 504, and 498A - Criminal Revision - Challenge to conviction and sentence in a case of matrimonial disputes - Petitioner sentenced to R.I. for three years and fines for various offences, with additional sentences for specific charges - Court found the petitioner in custody since 20.04.2024 and granted bail considering the period of custody. (Paras 1, 7, 8)
(B) Bail - Grant of bail during pendency of revision application - The court considered the petitioner's custody duration and the nature of the case, allowing bail with conditions. (Paras 4, 8)
Facts of the case:
The petitioner challenged the conviction and sentence passed by the lower court in a matrimonial dispute case, asserting innocence and seeking bail due to prolonged custody.
Findings of Court:
The petitioner was granted bail considering the duration of custody and the nature of the case, requiring a bail bond and sureties.
Issues: The main issues included the sustainability of the lower court's judgment and the appropriateness of bail given the circumstances.
Ratio Decidendi: The court emphasized the importance of the duration of custody and the nature of matrimonial disputes in deciding bail applications.
Result: Criminal Revision Application allowed for bail.
ORDER :
SANJAY PRASAD, J.
This Criminal Revision has been filed on behalf of the petitioner challenging the judgement dated by dated 12.04.2024 passed by Sri Vishwa Nath Shukla , the learned Additional Sessions Judge West Singbhum at Chaibasa in Criminal Appeal No. 67 of 2023 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 24.06.2023 passed by Sri Tausif Meraj, the learned Sub- Divisional Judicial Magistrate, Sadar, West Singbhum at Chaibasa in connection with Hatgamhariya P.S. Case No. 30 of 2020 corresponding G.R. No. 611 of 2020 ( T.R. No. 316 of 2023) for the offences under sections 323, 504 and 498 (A) of the I.P.C and sentenced him to undergo R.I. for three (03) years and to pay the fine of Rs. 10,000/- The petitioner is further sentenced to undergo for the offence under section 323 of I.P.C.and sentenced him to under R.I. for six (06) months.
The petitioner is further sentenced to undergo S.I. for the period of six months for the offence under section 504 of I.P.C.
2. I.A. No. 7654 of 2024 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the present Criminal Revision Application .
3. Heard, learned counsel for the petitioner and learned counsel for the State.
4. It is submitted by the learned counsel for the petitioner that impugned judgments and sentence passed by the Court below are not sustainable in eye of law. It is submitted that the petitioner is innocent and has committed no offence . It is submitted that the petitioner is in custody since 20.04.2024 and hence, the petitioner may be enlarged on bail .
5. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail .
6. Perused the F.I.R. , Lower Court Records of this case, and considered the submission of both the sides.
7. It appears that the petitioner is in custody since 20.04.2024. It appears that this is case of matrimonial disputes .
8. Considering the facts and in the circumstances of the case and considering the period of custody of the petitioner, namely Krishna Sinku is directed to be released on bail, on furnishing bail bond Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sri Tausif Meraj, Sub Divisional Judicial Magistrate, Sadar, West Singbhum at Chaibasa or his Successor Court in connection with Hatgamhariya P.S. Case No. 30 of 2020 corresponding G.R. No. 611 of 2020 (T.R. No. 316 of 2023) subject to the condition that one of the bailors should be the relative of the petitioner.
9 . Thus, I.A. No. 7654 of 2024 is allowed and stands disposed of.
Cr. Rev. No. 509 of 2024
10. Issue notice upon the O.P. No. 2 by both the process registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed within two weeks from today.
11. Put up this case on 05.05.2025.
The court granted bail considering the petitioner's prolonged custody and the nature of matrimonial disputes, emphasizing the importance of these factors in bail decisions.
The court granted bail in a matrimonial dispute case after considering the total custody period, despite a concurrent finding of guilt under Section 498-A.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
The court emphasized that the duration of custody is a significant factor in considering bail applications.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court granted provisional bail to the petitioner based on the circumstances of the case and custody status, requiring a deposit of Rs. 1,00,000/- as a condition.
The court ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.
Matrimonial disputes invoking IPC Sections 498(A) and 494 require careful consideration of evidence and circumstances for bail applications.
The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.