Abhishek Raj vs State Of Jharkhand

Learned counsel for the petitioner seeks permission to carry out necessary correction of the typographical error in the interlocutory application, wherein 'I.A. No.101 of 2020' has been mentioned, in place of 'I.A. No.101 of 2021'.

Learned P.P is present.

Heard. Permission is accorded. Learned counsel shall carry out the necessary correction.

This revision shall be heard.

Admit.

The lower court record has already been received.

Office to list the revision under the heading 'For Hearing', in seriatim, as per age.

I.A. No.101 of 2021

This interlocutory application has been filed under Section 401 of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioner, during the pendency of the revision.

The revision is directed against the judgment dated 16.06.2020, passed by the court of learned District & Additional Sessions Judge-II, F.T.C., Bokaro in Cr. Appeal No.100 of 2019, affirming the judgment dated 08.05.2019, passed by the court of learned Judicial Magistrate, 1 st Class, Bokaro in G.R No.400 of 2013, T.R. No.556 of 2017, whereby the petitioner was found guilty and convicted for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, and sentenced to undergo rigorous imprisonment of one year and simple imprisonment of six months respectively.

Heard learned counsel for the petitioner and the learned P.P. On perusal of the materials on record, it appears that P.W.-5, the victim, has testified that she was tortured and assaulted and she sustained injury and she had handed over the injury report to P.W.-6 - the Investigating Officer. P.W.-6, the Investigating Officer, in her cross-examination, has stated that the informant did not hand over any injury report or document of injury to her. The Investigating Officer has stated that during investigation no enquiry was made regarding the car or the make of car given as dowry to the petitioner by the informant's father.

In view of the materials on record an taking into account that the petitioner is suffering from psychiatric problem and is under treatment and the period of custody, he is directed to be released on bail, during the pendency of the revision, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bokaro, in connection with G.R No.400 of 2013, T.R. No.556 of 2017.

I.A. No.101 of 2021 stands allowed.