Jharkhand High Court
Shankar Singh vs The State Of Jharkhand on 21 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 634 of 2021
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Shankar Singh ...... Petitioner
Versus
1. The State of Jharkhand
2. China Singh ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate
For the State : Mr. Sanat Kumar Jha, A.P.P.
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I.A. No. 7381 of 2022
06/21.10.2022 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant I.A. No. 7381 of 2022 has been filed under
Section 5 of the Limitation Act for condoning the delay of 672
days in filing the instant Criminal Revision No. 634 of 2021.
3. It has been submitted that the learned counsel for the
petitioner that there is delay of 672 days in filing Criminal
Revision No. 634 of 2021. It is submitted that the petitioner is a
poor person and he was out of State for his livelihood working as a
labour in Surat and when the petitioner returned his home, N.B.W.
was issued and he was arrested by the police on 05.07.2021. It is
submitted that the petitioner is in custody since 05.07.2021 i.e. for
more than one year and as such, delay of 672 days in preferring
the instant Criminal Revision Application may be condoned.
4. On the other hand, learned counsel for the State has
opposed the prayer.
5. Considering the period of custody and in view of the
averments made at para- 6, 7 and 8 of the instant Interlocutory
Application and taking lenient view, the delay of 672 days in
preferring the Criminal Revision No. 634 of 2021 is, hereby,
condoned.
6. I.A. No. 7381 of 2022 is allowed and stands disposed of.
I.A. No. 9030 of 2022
7. The present Criminal Revision No. 634 of 2021 has been
filed on behalf of the petitioner challenging the judgment of
conviction and order of sentence dated 17.11.2011 passed by Sri
S.S. Fatmi, the learned Civil Judge (Junior Division), Koderma in
connection with G. R. No.61 of 2009 corresponding to T. R. No.
476 of 2011 whereby the learned trial court has found guilty the
petitioner under Sections 411 and 457 of the Indian Penal Code
and sentenced him to undergo simple imprisonment for a period of
two (2) years on each counts and fine of Rs. 5000/- on each
counts and in default of payment of fine the petitioner has been
further directed to undergo S.I. for a period of three (3) months
each and both the sentences have been directed to run
concurrently. However, Cr. Appeal No.43 of 2011 being preferred
on behalf of the petitioner, learned Additional Sessions Judge-I,
Koderma has acquitted two other persons namely Nandu Singh
and Chandrika Singh for the offences under Sections 411 and 457
of the Indian Penal Code and also acquitted this petitioner-Shankar
Singh under Section 457 of the Indian Penal Code. However,
learned Additional Sessions Judge-I, Koderma has upheld the
conviction of the petitioner-Shankar Singh under Section 411 of
the Indian Penal Code and had directed him to release under
Section 3 of the Probation of Offenders Act after due admonition
instead of undergoing any substantive sentence of imprisonment
under Section 411 of the Indian Penal Code and the learned
Appellate Court had further directed the petitioner to appear before
learned Court below within two months from the date of the
impugned judgment dated 21.02.2018, otherwise, the petitioner-
Shankar Singh shall be called upon to receive substantive sentence
of imprisonment awarded by the learned Court below.
8. The present I.A No. 9030 of 2022 has been filed on behalf
of the petitioner for grant of bail to the petitioner, during
pendency of the present Criminal Revision.
9. As per the FIR, it has been alleged by the informant that
theft has been committed in her house by unknown persons and
taken away her household articles and cash of Rs. 7,000/- and
Jewellery.
10. Heard learned counsel for the petitioner and learned
counsel for the State.
11. It has been submitted by the learned counsel for the
petitioners that the petitioner is innocent. It is further submitted
that judgments and order passed by the learned Court below are
not sustainable in the eye of law. It is submitted that the petitioner
is a poor person and he was out of State for his livelihood working
as a labour in Surat and when the petitioner returned his home,
N.B.W. was issued and he was arrested by the police on
05.07.2021. It is submitted that the petitioner is in custody since
05.07.2021 i.e. for more than one year and as such, the petitioner
may be enlarged on bail.
12. On the other hand, learned APP has opposed the prayer
for bail.
13. Perused the records and considered the submission on
behalf of the parties.
14. It transpires from the F.I.R. that this is a case of theft. It
also appears that the petitioner has been made accused in this case
on the basis of confessional statement of the co-accused Mohan
Singh. It also transpires that the petitioner is in custody since
05.07.2021 i.e. for more than one year.
15. Considering the facts and circumstances of the case and
also considering the period of custody, during pendency of this
Criminal Revision Application, petitioner - Shankar Singh is
directed to be released on bail, on furnishing bail bond of
Rs. 10,000/- (Ten thousand only) with two sureties of the like
amount each to the satisfaction of Sri S.S. Fatmi, the learned Civil
Judge (Junior Division)-III, Koderma or his Successor Court
connection with Koderma (Telaiya) P. S. Case No. 37 of 2009
corresponding to G. R. No. 61 of 2009 [T. R. No. 476 of 2011].
16. I.A. No. 9030 of 2022 is allowed and stands disposed of.
Criminal Revision No. 634 of 2021
17. Learned counsel for the petitioner is directed to implead
the informant as opposite party no. 2 in this case.
18. Issue notice to the newly added opposite party no. 2
under registered cover with A/D and ordinary process and for
which requisites etc. must be filed within two weeks after Diwali
Vacation.
19. Call for the scanned copy of the Lower Court Records.
20. Put up this case on 17.01.2023.
(Sanjay Prasad, J.)
Kamlesh/
