The court granted bail to the petitioner under specific conditions, emphasizing the need to prevent future offenses while acknowledging the petitioner's custody status.

ORDER :

SANJAY PRASAD, J.

I.A. No. 7737 of 2024

This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 08.08.2022 passed by Sri Shyam Nandan Tiwari, the learned Additional Sessions Judge-I, Madhupur in Criminal Appeal No. 53 of 2017 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 12.07.2017 passed by Sri Neeraj Kumar, learned Railway Magistrate, Madhupur in G.O.C.R. Case No. 32/2012 (T.R 148/2017) by which the petitioner has been convicted for the offence under section 3(a) of Railway Property (Unlawful Possession) Act (in short R.P.U.P. Act) and had been sentenced to undergo R.I for two years with fine of Rs.3,000/-.

2. The Interlocutory Application No. 7737 of 2024 has been filed Under Section 389 (1) of Criminal Procedure Code 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.

3. Heard Mr. B.M. Tripathi, learned Senior Counsel assisted by Mr. Naveen Kr. Jaiswal, learned counsel for the petitioner, Mr. Ravi Prakash, learned counsel for the Union of India and Mr. Pankaj Mishra, learned APP on behalf of the State.

4. Learned counsel for the petitioner submitted that impugned judgments and sentence passed by the learned Courts below are illegal and not sustainable in law. It is submitted that the alleged recovery of railway scraps are not the property of Indian Railway. It is submitted that the petitioner has surrendered on 19.07.2024 in the light of order passed by the co- ordinate Bench and hence he may be enlarged on bail.

5. On the other hand, the learned APP for the State has raised objection.

6. The learned counsel for the Union of India i.e. O. P. No. 2 submitted that there is recovery of stolen properties of Indian Railways from the godown of this petitioner. It is submitted that the petitioner has got three criminal antecedent bearing case nos. 09/2001, 03/2004 and 05/2004 under Section 3(a) RP (UP) Act. It is submitted that there is an expert opinion also and which reveals that the properties recovered from the godown of the petitioner are the property of the Indian Railways. Hence, the prayer for bail may be rejected.

7. Having heard learned counsel for both the sides, it appears that several Railway articles are alleged to have been recovered from the godown of the petitioner. However, the petitioner has also raised dispute over the properties in question which is contradicted by the learned counsel appearing on behalf of the O. P. No. 2.

8. Considering the fact that the petitioner is in custody since 19.07.2024 and he had surrendered in the light of order dated 05.07.2024 passed by the Co-ordinate Bench of this Court ( Hon’ble Mr. Justice Gautam Kumar Choudhary), the petitioner namely Raju Ravidas @ Ravi Das 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 learned Railway J.M. 1st Class, Madhupur, Deoghar/ or his Successor Court in connection with R.P.F./Post/Madhupur Case No.01/2012, corresponding to G.O.C.R. Case No. 32/2012 (T.R. 148/2017), subject to the condition that one of the bailors must be the own relative of the petitioner and petitioner shall file an undertaking not to indulge such crime in future again, failing which the prosecution will be at liberty to take steps for cancellation of his bail.

9. Thus, I.A. No. 7737 of 2024 is allowed and stands disposed of.

Criminal Revision No.1121 of 2022

10. Admit.

11. Lower Court Records has already been received.

12. Put up this case after six weeks.