Naveen Bhagat @ Navin Bhagat vs State Of Jharkhand

Anubha Rawat Choudhary, J

Learned counsel for the petitioner has submitted that the surviving defect is in connection with the case number which has been mentioned in the Appellate Court’s judgment in paragraph 1. He submits that in paragraph no. 1 it has been mentioned that the case number is G.R. Case No. 229 of 2022 arising out of Khunti P.S. Case No. 119 of 2021. But the correct case number is reflecting from paragraph no. 3 of the said judgment wherein the case number has been mentioned as Khunti P.S. Case No. 110/2021 dated 07.08.2021. The learned counsel has also submitted that trial court’s judgment has also been placed on record and there is no discrepancy with regard to G.R. Case number. He submits that surviving defect may be ignored.

Considering the aforesaid submission, the surviving defect no. 9(iii) is ignored for the present subject to any objection that may be raised by the opposite parties.

This criminal revision application is directed against the judgment and order dated 27.03.2024, passed in Criminal Appeal No. 18/2023, by the learned District & Additional Sessions Judge-II, Khunti whereby the Judgment dated 19.04.2023, passed by learned Chief Judicial Magistrate, Khunti in connection with Khunti P.S. Case No. 110/2021, corresponding G.R. Case No.229/2022, subsequently T.R. No.181/2023 is partly allowed and upheld the acquittal of petitioner U/S 406 I.P.C. and U/S 138 of the Negotiable Instrument Act, however judgment of acquittal of petitioner U/S 420 I.P.C. has been set aside and he is convicted thereunder and awarded sentence of R.I. for Five (5) years and fine of Rs. 50,000/- in default in payment of fine further S.I. one(1) year.

The learned counsel for the petitioner has submitted that the Trial Court had acquitted the petitioner but the Appellate Court has convicted the petitioner for the offence under Section 420 of the Indian Penal Code. He submits that the records be called for from the court concerned and the petitioner who is in custody since 15.06.2024 be released on bail during the pendency of this case for which a separate application being I.A. No. 5937 of 2024 has been filed.

Learned counsel for the petitioner seeks permission to add the informant of the case as opposite party no. 2. Learned counsel for the petitioner has also undertaken before this court that the case will be argued as and when the date is fixed by this court and the petitioner be enlarged on bail.

Learned counsel for the State has submitted that records are required in the present case.

Considering the submissions, let the informant of the case be made opposite party No. 2 in this case. Necessary insertion be made by the petitioner in red ink during the course of the day.

Let notice be issued to the newly added opposite party No. 2 through the concerned police station for which requisites etc. be filed by the petitioner by day after tomorrow i.e. 09.08.2024.

Learned counsel for the State Mr. Pankaj Kumar is directed to seek instruction and file affidavit regarding service of notice upon the opposite party No. 2.

Let the records be called for in connection with Criminal Appeal No. 18 of 2023 and Khunti P.S. Case No. 110 of 2021, corresponding to G.R. No. 229 of 2022 subsequently T.R. No. 181 of 2023 from the court of learned Additional Sessions Judge-II Khunti and from the court of Chief Judicial Magistrate, Khunti.

Considering the aforesaid facts and circumstances, the petitioner is directed to be released on bail, during pendency of this criminal revision, on furnishing bail-bonds of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khunti in connection with Khunti P.S. Case No. 110 of 2021, corresponding to G.R. No. 229 of 2022 subsequently T.R. No. 181 of 2023, subject to following conditions:

(i) One of the bailors should be close relative of the petitioner.

(ii) The petitioner shall deposit a self-attested copy of his Aadhar Card along with his Mobile Number which he shall not change during the pendency of this case.

I.A. No. 5937 of 2024 is hereby disposed of.

It is just to put on record that the petitioner has undertaken to argue the case as and when the date is fixed by this court.

Post this case under the heading for Final Disposal on 18.09.2024.

Let  this  order  be  immediately  communicated  to  the  Court concerned through ‘FAX’.