Disposed

Anirudh Pariyat And Ors. v. State of Jharkhand And Anr.

Jharkhand HC9 Nov 2022Cr.Rev./1054/2007

Case brief

AI extract

What is this about?

The High Court of Jharkhand, dismissing the revision against conviction and sentencing for maintaining peace, exempted the surviving petitioners from filing probation bonds due to the expiry of the probation period and lack of adverse reports, dismissing the application as abated against deceased petitioners.

What did the court decide?

Petitioners are exempted from filing probation bonds and the application is disposed of; application abated against deceased petitioners.

Anirudh Pariyat And Ors. Vs State of Jharkhand And Anr. — Cheque Dishonour | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 1054 of 2007

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Anirudh Parihat

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Ajay Parihat

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Bisheshwar Parihat

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Lagan Parihat

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Pramod Parihat

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Pankaj Parihat

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Trideb Parihat

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Binay @ Vijay Parihat 9. Bhabishya Parihat ….. …. Petitioner

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Versus

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The State of Jharkhand ….. ….Opposite Party

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Atanu Banerjee, Adv. For the Opposite Party :Mr. Gautam Rakesh, APP

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05/09.11.2022 Heard learned counsel for the parties.

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2. This revision application is directed against the judgment dated 10.9.2007 passed by learned 4^th Additional District Judge, FTC, Dumka in Criminal Appeal No.30 of 2005/ 16 of 2007; whereby the judgment of conviction and order of sentence dated 28.2.2005 passed by the learned Judicial Magistrate, 1^st Class Dumka, corresponding to G.R. No.584 of 1998 T.R. No. 152/2005; whereby the petitioners were convicted for the offence under Sections 147, 323/149 of the IPC and directed to execute Probation Bond of Rs.2,000/- with two sureties of like amount each for maintaining peace and good behavior for one year; has been affirmed and the appeal filed by the petitioners was dismissed.

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3. Pursuant to the order of this Court, service report has been received wherein indicating that the petitioner Nos.1 and 4, namely, Anirudh Parihat and Lagan Parihat respectively have died during the pendency of this application and the Xerox copy of death certificates have been annexed with the said report. In view of the said report, the instant application is hereby dismissed as abated against petitioner Nos.1 and 4, namely, Anirudh Parihat and Lagan Parihat respectively.

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4. Mr. Atanu Banerjee, learned counsel for the petitioners submits that the petitioner Nos. 1 and 4 have died and he has appeared on behalf of surviving petitioners. He

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further submits that the petitioners were convicted but they were directed to be released under Section 4 of the Probation of Offenders Act after furnishing a bond of Rs.2000/- with two sureties of like amount each for keeping peace and good behavior for a period of one year. However, the petitioners did not furnish the said probation bonds and filed the criminal revision before this Court and the said period has already been expired and no adverse report has been received during the probation period.

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He further submits that the nature of dispute is predominantly civil in nature, inasmuch as, the offence committed due to land dispute and the occurrence took place in the year 1998. Hence, he confines his prayer and prays that petitioners may be exempted to file probation bonds on the ground of age of the surviving petitioners as well as the nature of dispute.

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5. Learned counsel for the State supported the submission of the learned counsel for the petitioners and admits that no adverse report has been received during the probation period and after a long period filing of probation bonds will be mere formality.

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6. In view of the aforesaid fact that the period of probation bond has already been expired and after lapse of 17 years petitioners are hereby exempted from filing of probation bonds, inasmuch as, no adverse report has been received within the probation period. Accordingly, the instant application, is hereby, disposed of as nothing remains to be adjudicated in this case.

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7. Let the lower court record be sent to the court concerned forthwith.

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(Deepak Roshan, J.)

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Fahim/-

Anirudh Pariyat And Ors. v. State of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Anirudh Pariyat And Ors. v. State of Jharkhand And Anr.

Case brief

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What the court decided

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