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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Tulsi Joshi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A No. 2242 of 2025 has been filed on behalf of the petitioner under Section 5 of the Limitation Act for condoning the delay of 41 days in filing this instant Criminal Revision Application.
2. It is submitted that the petitioner was not aware of the order passed by the learned Court below and the petitioner is in custody since 11.11.2022 and hence, the delay of 41 days in filing this instant Criminal Revision may be condoned.
3. No objection has been raised by the learned counsel for the State.
4. Having heard learned counsel for both the sides and considering the fact that the petitioner is in custody since 11.11.2022, the delay of 41 days in filing this instant Criminal Revision Application is hereby condoned.
5. Thus, I.A No. 2242 of 2025 is allowed and stands disposed of.
6. This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 13.09.2024 passed by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi in Criminal Appeal No. 317 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed thereby, affirming the judgment of conviction and order of sentence dated 29.07.2024 passed by Mrs. Smriti Topno, Sub
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
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.
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.
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 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.
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....
Conviction for illegal possession of firearms upheld, resulting in a three-year sentence; bail granted pending appeal based on the consideration of petitioner's custody history.
The court emphasized that the duration of custody is a significant factor in considering bail applications.
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