Allowed¶16

Gobardhan Manjhi v. the State of Jharkhand

Jharkhand HC2 Aug 2024Cr.M.P./1485/2024

Case brief

AI extract

What is this about?

Extension of time to deposit fine amount; modification of judgment dated 27.04.2023 in Criminal Appeal (SJ) No.172 of 2011; earlier four weeks' time via order dated 13.02.2024 in Cr.M.P. No.4124 of 2023; further three months granted from 02.08.2024; delay due to illness and death (21.03.2024) of petitioner's wife Malti Devi; State raised no objection; petitioner Gobardhan Manjhi v. State of Jharkhand; APP Shiv Shankar Kumar; counsel Yogesh Modi; Navneet Kumar, J.; Cr.M.P. allowed.

What did the court decide?

Further three months' time granted to petitioner Gobardhan Manjhi, from 02.08.2024, to deposit the fine amount pursuant to the order passed in Criminal Appeal (SJ) No.172 of 2011; rest of the orders in that appeal remain the same. The learned APP for the State raised no objection. ¶16

Gobardhan Manjhi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1485 of 2024

¶2

Gobardhan Manjhi ..... Petitioner Versus

¶3

The State of Jharkhand …. Opp. Party

¶4

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

¶5

For the Petitioner : Mr. Yogesh Modi, Advocate For the State : Mr. Shiv Shankar Kumar, APP

¶6

-----

¶7

4/02.08.2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of State.

¶8

The present Cr. M.P. has been filed for modification of the judgment dated 27.04.2023 passed in Criminal Appeal (SJ) No.172 of 2011 passed by this Court to the extent that the time to deposit the fine amount be further extended for three months.

¶9

It is submitted that the petitioner could not deposit the said fine amount within the stipulated period of four months as ordered in Cr. Appeal (SJ) No.172 of 2011 and therefore he filed Cr.M.P. No.4124 of 2023. It has further been submitted that vide order dated 13.02.2024 passed in Cr.M.P. No.4124 of 2023, petitioner was further granted four weeks’ time to deposit the fine amount in compliance of the order passed in Criminal Appeal (SJ) No.172 of 2011.

¶10

It has further been submitted that the petitioner once again failed to comply the order as the wife of the petitioner namely Malti Devi was ill for quite a long time suffering from cancer disease and she was admitted in hospital on 25.02.2024 and died during the course of treatment on 21.03.2024 and after the death of the wife namely Malti Devi, petitioner got engaged in performing the last rituals and as such his financial condition has become weak and therefore, he prays to extend the period for further three months to deposit the fine amount as directed vide Judgment dated 27.04.2023 passed in Cr. Appeal (SJ) No.172 of 2011 and further extended vide order dated 13.02.2024 passed in Cr.M.P. No.4124 of 2023 by this Court.

¶11

It is further stated that the delay in depositing the fine amount by the petitioner is neither intentional nor deliberate, but due to the facts and circumstances as mentioned above, which was beyond his control and therefore, the learned counsel appearing on behalf of the petitioner prays to grant further three months’ time for depositing the fine amount.

¶12

On the other hand, the learned APP appearing on behalf of the State does not raise any objection in view of the fact that the petitioner is ready to pay the fine amount.

¶13

Having heard learned counsel for the parties, perused the record of this case.

¶14

In view of the submission of the learned counsel appearing on behalf of the petitioner, petitioner Gobardhan Manjhi is granted further three months’ time to deposit the fine amount from today in pursuance of the order passed in Criminal Appeal (SJ) No.172 of 2011.

¶15

Rest of the orders with respect to this petitioner passed in Criminal Appeal (SJ) No.172 of 2011 will remain the same.

¶16

Accordingly, this Cr.M.P. is allowed.

¶17

(Navneet Kumar, J.)

¶18

R.Kumar

¶19

-2-

Gobardhan Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gobardhan Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rajan Kumar Choudhary Vs the State of Jharkhand

Dharmendra Kumar Vs the State of Jharkhand

Chhotu Dhapra Alias Chhotu Kumar Ram Vs the State of Jharkhand

Tarun Kumar Alias Tarun Kumar Mahto Vs the State of Jharkhand

MD Aasik Vs the State of Jharkhand

Raju Kumar Alias Rakesh Kumar Vs the State of Jharkhand