I.A. No.3591 of 2019
1. Heard Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner along with Mr. Pradipto Mitra, Advocate.
2. Heard Mr. Rahul Kumar, learned counsel appearing on behalf of the opposite party no.2.
3. Nobody appears on behalf of the State.
4. Learned counsel for the petitioner submits that one interlocutory application being I.A. No.3591 of 2019 has been filed on behalf of the petitioner,
seeking exemption from surrender before the learned court below in terms of Rule 159 of The Jharkhand High Court Rules, 2001, which has become
infructuous, in as much as, during the pendency of this case, the petitioner has already surrendered before the learned court below and has filed one
interlocutory application being I.A. No.11311 of 2019 seeking suspension of sentence and the certified copy of the order showing surrender has been
filed along with I.A. No.11311 of 2019.
5. Considering the submission made, I.A. No.3591 of 2019 is dismissed as infructuous.
I.A. No.11311 of 2019
6. The learned counsel for the petitioner submits that both the parties at one point of time agreed for full and final settlement, but ultimately it could not
materialize as no consensus could be arrived regarding the schedule of payment. He also submits that the present petitioner is a Doctor by profession
and there is no likelihood that the petitioner would abscond in any manner whatsoever.
7. Learned counsel for the opposite party no.2 while opposing the prayer does not dispute the aforesaid submission which has been advanced on
behalf of the learned counsel for the petitioner.
8. Considering the facts and circumstances of this case, I.A. No.11311 of 2019 is allowed and the sentence of the petitioner is hereby suspended and
the petitioner is directed to be enlarged on bail during the pendency of this revision on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with
two sureties of the like amount each to the satisfaction of learned A.J.C. â€" X, Ranchi in Criminal Appeal No.63/2017, in connection with G.R. Case
No.4618/2011, corresponding to T.R. No.68/17, arising out of Doranda (Argora) P.S. Case No.373/11, subject to the following conditions:
i) The petitioner would submit Xerox copy of his Aadhar card and also furnish his phone number before the court below at the time of furnishing bail
bond, which he will not change during the pendency of this revision without permission of this Court.
ii) The petitioner would deposit the fine amount imposed by the impugned order before the learned court below.
Cr. Rev. No.76 of 2019
9. The learned counsel for the petitioner submits that as there is no defect in the present case, this case may be admitted.
10. Admit.
11. Call for the records of both the trial court and lower appellate court from the concerned court.
12. Post this case on 08.01.2020.
13. Let this order be communicated to the learned court below through FAX.
