IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Shiv Shankar Maraiya - Petitioner
Versus
The State of Jharkhand - Opp. Party
Cr. Revision No. 49 of 2024
Decided On : 27-02-2025
(A) Indian Penal Code, 1860 - Section 411 - Criminal Procedure Code, 1973 - Delay condoned in filing Criminal Revision Application - The petitioner challenged the conviction under Section 411 IPC and the sentence imposed by the lower court - Petitioner was acquitted under Section 392 IPC. (Paras 2, 4, 10)
(B) Bail - Grant of bail - The petitioner, in custody since 22.08.2023, claimed false implications and sought bail - Bail granted with conditions including the provision of a surety and an undertaking not to engage in further criminal activity. (Paras 5, 10, 11)
Facts of the case:
The petitioner was convicted for the offence under Section 411 IPC and sentenced to three years of rigorous imprisonment and fined, while acquitted of Section 392 IPC. The petitioner has been in custody since August 2023.
Findings of Court:
The court allowed the delay in filing the revision application and granted bail to the petitioner with specified conditions to ensure compliance.
Issues: The key issues involved the legality of the conviction, the circumstances of the petitioner’s custody, and the conditions for bail.
Ratio Decidendi: The court found that the petitioner’s continued custody warranted bail, considering the claims of false implications and the conditions set to prevent further criminal involvement.
Result: Bail granted.
JUDGMENT :
(SANJAY PRASAD, J.)
I.A No. 2753 of 2024
I.A No. 2753 of 2024 has been filed on behalf of the petitioner for condoning the delay of 491 days in filing this instant Criminal Revision Application.
2. Having heard learned counsel for both the sides and in view of the averments made in Paragraph nos. 3 to 7 of the I.A. No. 2753 of 2024 and the fact that the petitioner is in custody since 22.08.2023, the delay of 491 days in filing this instant Criminal Revision Application is hereby condoned.
3. Thus, I.A. No. 2753 of 2024 is allowed and stand disposed of.
4. The present Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 10.06.2022 passed by Sri Rakesh Kumar Mishra, learned Additional Sessions Judge-II, Dumka by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 24.07.2017 passed by learned S.D.J.M, Dumka in connection with Shikaripara P.S. Case No. 19 of 2016 corresponding to G.R. Case No. 151 of 2016 in T.R. Case No. 1673/2017 by which the petitioner has been convicted for the offence under Section 411 of the Indian Penal Code and sentenced to undergo R.I for three (03) years and to pay the fine of Rs. 10,000/-.
However, the learned Court below had acquitted the petitioner for the offence under Section 392 of the I.P.C.
I.A No. 13054 of 2024
5. I.A No. 13054 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of the Criminal Revision Application.
6. Heard learned counsel for the petitioner and learned counsel for the State.
7. Learned counsel for the petitioner has submitted that the impugned judgments and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the allegations against the petitioner are false and concocted and he has been falsely implicated in this case. It is submitted that the petitioner is in custody since 22.08.2023 and as such, the petitioner may be enlarged on bail.
8. Learned counsel for the State has opposed the prayer for bail.
9. Having heard learned counsel for both the sides and from going through the Lower Court Records, it appears that Rs. 50,000/- cash was recovered from this petitioner.
10. Considering the facts and circumstances, of this case and the fact that the petitioner is in custody since 22.08.2023, the petitioner namely Shiv Shankar Maraiya is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two surities of the like amount each to the satisfaction of by Sri Rakesh Kumar Mishra, learned Additional Sessions Judge-II, Dumka in connection with Shikaripara P.S. Case No. 19 of 2016 corresponding to G.R. Case No. 151 of 2016 in T.R. Case No. 1673/2017 subject to the condition that one of the bailers must be the own relative of the petitioner and the bailer shall furnish his/her personal mobile number before the learned Court below. 11. However, the petitioner shall also file an undertaking before the learned Court below that he will not get indulged in such type of crime in future, failing which, the prosecution will be at liberty to take steps for cancellation of his bail..
12. Thus, I.A No. 13054 of 2024 is allowed and stands disposed of.
13. Let a copy of this order be sent to the learned Court below.
Cr. Revision NO. 49 of 2024
14. Put up this case in the month of August, 2025 under the heading “Admission”.
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 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 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.
Court considerations for bail include the duration of custody and the gravity of allegations, emphasizing that prolonged detention can warrant bail even in serious cases.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
Negligence under Indian Penal Code sections 279 and 304A requires evidence of recklessness leading to fatal consequences, with affirmed convictions supporting the effectiveness of judicial decisions.
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 granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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