SHIVJAG PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present revision application has been preferred by the petitioners against judgment dtd. 17/8/2022 passed in Cr. Appeal No. 16/2016 by learned Additional Sessions Judge-16, Sasaram, Rohtas affirming the judgment of conviction and order of sentence dtd. 3/3/2016 passed by Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in GR No. 1323/10/Trial No. 820/2016 whereby all the petitioners have been sentenced to undergo SI for a period of two years for the offence punishable under Ss. 379 IPC. They are also sentenced to undergo SI for a period of one year for the offence punishable under Sec. 147 IPC as well as further sentenced to undergo SI for a period of three months for the offence punishable under Sec. 447 IPC directing the sentences to run concurrently.

(2.) It is an admitted position that the petitioners have not surrendered after affirmance of judgment of conviction and order of sentence by the District Appellate Court. The present revision application has been filed without attaching/annexing the surrender certificate of the petitioners as required under Rules of the High Court at Patna (hereinafter referred to as the 'PHC Rules").

(3.) Learned counsel for the petitioners submits that learned District Appellate Court transferred the records of the case to the original court i.e., trial court of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas and the learned Sub-Divisional Judicial Magistrate, at this stage, has granted the petitioners provisional bail for ninety days vide order dtd. 24/11/2022 to enable them to approach this Court under revisional jurisdiction. He further submits that in view of the provisional bail granted to the petitioners by the trial court for approaching this Court under its revisional jurisdiction, the petitioners are not required to surrender even though the tenure of provisional bail of ninety days is over.