[Cites 4, Cited by 0]
Jharkhand High Court
Ramji Rajwar vs The State Of Jharkhand .... Opposite ... on 15 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Revision No. 717 of 2025
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Ramji Rajwar, aged about 65 years, son of Late Ram Khelawan
Rajwar, resident of village - Khuteheriya, Tola Bharat Pahari,
PO and PS - Kandi, District - Garhwa, Jharkhand
.... Petitioner
-- Versus --
The State of Jharkhand .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Sanjay Kr. Pandey, Advocate
:- Mr. Ashwini Kr. Upadhyay, Advocate
For the State :- Mrs. Anuradha Sahay, Advocate
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06/15.12.2025 Learned counsel appearing for the petitioner submits
that the petitioner has been convicted and sentenced by the judgment
dated 20.09.2024 passed by learned Judicial Magistrate 1st Class,
Garhwa in connection with Kandi P.S. Case No.67 of 2015
corresponding to G.R. Case No.1970 of 2015 for the offence registered
under Sections 341, 323, 325 and 34 of Indian Penal Code whereby
the learned trial court has held guilty to the petitioner and sentenced
to undergo S.I. for one month under Section 341 of I.P.C. and S.I. for
six months under Section 323 of I.P.C., and fine of Rs.1,000/- and in
default of payment of fine of Rs.5,000/- further undergo S.I. for one
month and sentence undergo S.I. for one year and six months under
Section 325 of I.P.C. and fine of Rs.5,000/- and in default of payment
of fine S.I. for two months. He submits that the petitioner preferred
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the appeal against the said judgment being Criminal Appeal No.44 of
2024 which has been partly allowed by the learned Sessions Judge
and sentence has been reduced to one year and fine of Rs.5,000/-.
2. He further submits that the petitioner is in custody since
09.03.2025 and in view of that he has already remained in custody for
about 9 months whereas the maximum sentence is of one year. He
then submits that PW-7 is the doctor and he has given the opinion
that two of the injuries were simple and one injury is grievous in
nature. He next submits that there is no likelihood of taking this
revision recently and in view of that this petitioner may kindly be
released on bail.
3. Learned counsel appearing for the State opposed the prayer
and submits that two courts' findings are there, however, she is not
disputing the period of custody of the petitioner.
4. Reference may be made to the judgment of Hon'ble Supreme
Court in the case of Satender Kumar Antil Versus Central
Bureau of Investigation & Anr., reported in (2022) 10 SCC
51, wherein at paragraph No.57 it has been held as under :
57. Thus, we hold that the delay in taking up the
main appeal or revision coupled with the benefit
conferred under Section 436-A of the Code among
other factors ought to be considered for a favourable
release on bail.
5. In view of the above and considering that the learned
Sessions Judge has reduced the sentence to one year and fine of
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Rs.5,000/- and the petitioner is in custody since 09.03.2025 and in
view of that he has already remained in custody for 9 months and
maximum sentence is of one year and this criminal revision petition is
still pending, as such let the petitioner be enlarged on bail.
6. Accordingly, during pendency of this criminal revision petition,
the petitioner namely Ramji Rajwar is directed to be released on bail,
on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand only)
with two sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Garhwa in connection with Kandi P.S.
Case No.67 of 2015 corresponding to G.R. Case No.1970 of 2015.
subject to the condition that one of the bailor must be own relative of
the petitioner.
7. I.A. No.6746 of 2025 is allowed and disposed of.
8. Learned counsel appearing for the petitioner submits that he
is not pressing I.A. No.15591 of 2025.
9. Learned counsel appearing for the State has got no objection.
10. Accordingly, I.A. No.15591 of 2025 dismissed as not pressed.
11. Call for the trial court record.
(Sanjay Kumar Dwivedi, J.)
Dated 15.12.2025
Sangam/
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