Sadanand Kumar Sao vs The State Of Jharkhand & Anr. .... .... ...
2024 Latest Caselaw 1006 Jhar

Jharkhand High Court

Sadanand Kumar Sao vs The State Of Jharkhand & Anr. .... .... ... on 1 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No.1058 of 2023

         Sadanand Kumar Sao                                .....   ... Petitioner
                                   Versus
         The State of Jharkhand & Anr.               .... .... Opp. Parties
                                --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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         For the Petitioner    : Md. Ayub Ansari, Advocate
         For the State         : Mr. Fahad Allam, A.P.P.
                               --------
06/1st February, 2024
              I.A. No.8100 of 2023

The present interlocutory application has been filed on behalf of the petitioner for condonation of delay of 1691 days in preferring this criminal revision against the impugned judgment of conviction and order of sentence.

The ground shown for condonation of delay is that the petitioner who was convicted and sentenced by the learned trial court vide order dated 1st March, 2017, against the same Cr. Appeal No.24 of 2017 was preferred and the same was also dismissed vide judgment dated 3rd October, 2018. While dismissing the appeal, the learned appellate court has affirmed the sentence and has directed the learned lower court to take all coercive steps for procuring the attendance of the appellant. It is further stated that petitioner was not aware about dismissal of the said criminal appeal and when he was arrested, he came to know in regard to dismissal of the criminal appeal and, thereafter, he filed this criminal revision. The delay which is caused is not deliberate, rather it was inevitable. In view of above, learned counsel for the petitioner prayed to condone the delay of 1691 days in preferring this criminal revision.

The ground shown in this interlocutory application is also supported with the affidavit which is not controverted on behalf of the O.P. No.2. The uncontroverted affidavit cannot be disbelieved.

In view of above, the delay of 1691 days in preferring this criminal revision against the impugned judgment is hereby condoned.

I.A. No.8100 of 2023 stands disposed of.

The present interlocutory application has been filed on behalf of the petitioner to release the petitioner on bail during pendency of this criminal revision.

Learned counsel for the petitioner has submitted that the petitioner has been languishing in jail since 7th June, 2023 and the learned trial court has inflicted simple imprisonment of one year. It is further submitted that this criminal revision is not likely to be heard in near future, therefore, the petitioner may be released on bail during pendency of this criminal revision.

Learned A.P.P. opposed the contentions made by the learned counsel for the petitioner.

In view of aforesaid submissions, the prayer made in this interlocutory application is, hereby, allowed.

In consequence, thereof, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned.

I.A. No.8844 of 2023 stands disposed of.

Admit.

LCR has already been received.

List this case for hearing on 14th March, 2024.

(Subhash Chand, J.) Rohit