AI Structured Summary
Not yet generated for this judgment
Judgment
Call for the trial court records.
Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Sub Judge IV Cum Judicial Magistrate, 1st Class, Godda arising out of P.C.R. Case No.321 of 2017 (T.R. No.553 of 2024) for one year and fine of Rs.1000/- under section 498 IPC and further to undergo simple imprisonment for six months in default of payment. He next submits that the said judgment was challenged by the petitioner before the learned Additional Sessions Judge-V, Godda in Cr. Appeal No.13 of 2024 and he has been pleased to dismiss the same by order dated 17.06.2026 affirming the judgment of the learned trial court.
Learned counsel for the petitioner submits that I.A. No.14275 of 2026 has been filed for suspension of sentence to release the petitioner on bail. He next submits that the petitioner has surrendered before the learned court on 21.09.2026 and since then he is in custody and the maximum sentence is of one year.
Leaned counsel for the respondent State submits that there is concurrent finding of the two learned courts.
Considering that maximum sentence is of one year and the petitioner has voluntarily surrendered on 21.09.2026 and he is in custody since then and there is no likelihood of this criminal revision petition of being taken up in near future and as such, I am inclined to grant bail to the petitioner during pendency of this criminal revision petition.
Accordingly, the petitioner, above named, shall be released on bail, during pendency of this criminal revision petition, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub-Judge IV Cum-Judicial Magistrate, 1st Class, Godda in connection with P.C.R. Case No.321 of 2017 (T.R. No.553 of 2024).
Issue notice upon the O.P.No.2 by Speed Post as well as under ordinary process for which requisites etc must be filed within one week after Durga Puja Vacation.
