IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad, J.
Dablu Mishra @ Ranjit Mishra - Appellant
Vs.
The State Of Jharkhand - Respondent
Cr. Revision No. 730 of 2024
Decided On : 25-02-2025
(A) Limitation Act, 1963 - Section 5 - Delay in filing Criminal Revision Application - The petitioner sought to condone a delay of 1209 days citing lack of knowledge of appeal dismissal and being in custody since 07.03.2024 - Delay condoned based on presented circumstances. (Paras 1-4)
(B) Criminal Procedure Code - Grant of bail - The petitioner challenged the legality of the conviction and sentence, citing the release of a co-accused on bail and time served in custody - Bail granted considering the total duration of custody. (Paras 7-11)
Facts of the case:
The petitioner challenged a conviction under Section 414 IPC and Arms Act with a sentence of R.I for two years and additional fines. The appeal was dismissed affirming the lower court's judgment.
Findings of Court:
The delay in filing the Criminal Revision Application was condoned, and the petitioner was granted bail considering the circumstances of custody.
Issues: The main issues were the condonation of delay in filing the revision application and the grant of bail based on the circumstances of the case.
Ratio Decidendi: The court found sufficient grounds for condoning the delay and granted bail based on the lengthy custody and the circumstances surrounding the case.
Result: I.A. No. 7341 of 2024 allowed; I.A. No. 845 of 2025 allowed.
JUDGMENT :
SANJAY PRASAD, J.
I.A. No.7341 of 2024
I.A. No.7341 of 2024 has been filed on behalf of the petitioner under Section 5 of the Limitation Act for condoning the delay of 1209 days.
2. It is submitted that the petitioner has no knowledge of dismissal of appeal and he was outside station and he is in custody since 07.03.2024 and hence delay of 1209 may be condoned.
3. Learned APP has raised objection.
4. Having heard learned counsel for both the sides and in view of the averments made in paragraph nos.6 to 10 of the I.A. No. 7341 of 2024, the delay of 1209 days in filing the instant Criminal Revision Application is condoned.
5. Thus, I.A. No. 7341 of 2024 is allowed and stands disposed of.
I.A. (Cr.)No.845 of 2025
6. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 05.12.2018 passed by Sri Ram Bachan Singh, learned Additional Sessions Judge-I, Ghatsila in Cr. Appeal No.222 of 2018 by which the appeal filed on behalf of the appellant has been dismissed thereby affirming the judgment of conviction and order of sentence dated 13.08.2018 passed by Sri Mukulesh Chandnra Narain, learned A.C.J.M, Ghatshila, East Singhbhum in Ghatsila P.S. Case No.54 of 2009, corresponding to G.R. No.224 of 2009 (T.R Case No.666 of 2017) by which the petitioner has been convicted along with Abhisek Singh and Pinku Singh @ Minku Singh for the offence under Section 414 of the IPC and Section 25(1-B)a/26 of the Arms Act read with Section 35 of the Arms Act and sentenced to undergo R.I for two years under section 414 IPC and R.I. for two years and fine of Rs.5000/- under section 25(1-B)a of the Arms Act and also R.I for three years and fine of Rs.5,000/- under section 26 of the Arms Act read with section 35 of the Arms Act.
7. I.A.(Cr.) No.845 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
8. Heard Mr. V.K. Trivedi, learned counsel for the petitioner and learned APP for the State.
9. It is submitted that the impugned judgments and sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the co-accused namely Abhisek Singh @ Minku Singh has been released on bail by the Co-ordinate Bench of this Court (Hon’ble Mr. Justice Rajesh Kumar) vide order dated 23.04.2020 passed in Cr. Revision No.1658 of 2018. It is submitted that the petitioner was in custody from 08.06.2009 to 12.01.2010 and further he is in custody from 07.03.2024 till date i.e. 25.02.2025 i.e. total around eighteen and half months out of maximum R.I of three years and as such, the petitioner may be enlarged on bail.
10. On the other hand, learned APP has opposed the prayer for bail.
11. Considering the custody of the petitioner and on the facts and in the circumstances of this case, the petitioner namely Dablu Mishra @ Ranjit Mishra is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Mukulesh Chandnra Narain, learned A.C.J.M, Ghatshila, East Singhbhum/ or his Successor Court Ghatsila P.S. Case No.54 of 2009, corresponding to G.R. No.224 of 2009 (T.R Case No.666 of 2017).
12. Thus, I.A. No.845 of 2025 is allowed and stands disposed of.
Cr. Rev. No. 730 of 2024
13. Call for the scanned copy of the Lower Court Record.
14. Put up this case in July, 2025 for ‘Admission.’
The court condoned a significant delay in filing a revision application and granted bail based on the petitioner's lengthy custody and the circumstances of the case.
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
The court condoned the delay in filing a Criminal Revision Application and granted bail to the petitioner, emphasizing the need for conditions to prevent further criminal conduct.
The court condoned a 588-day delay in filing a Criminal Revision under the Limitation Act due to the petitioner's custody and financial constraints, emphasizing leniency in such circumstances.
Delay in filing appeals may be excused under the Limitation Act when supported by justifiable reasons, and prolonged custody may warrant bail during pending revisions.
The court condoned a 182-day delay in filing a Criminal Revision due to compromise and allowed the substitution of legal heirs following the death of a party, emphasizing leniency in procedural matte....
The court condoned a 212-day delay in filing a Criminal Revision Application based on the petitioner's financial hardship and ignorance of prior judgments, granting provisional bail during the appeal....
The court emphasized that the duration of custody is a significant factor in considering bail applications.
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