[Cites 1, Cited by 0]
Jharkhand High Court
Pankaj Das vs The State Of Jharkhand on 15 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 978 of 2025
Pankaj Das
..... ... Petitioner
Versus
The State of Jharkhand
..... ... Opposite Party
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioner : Mr. Arun Kumar Dubey, Advocate
: Mr. Varun Prabhakar, Advocate.
For the State : Mr. Manoj Kumar Mishra, A.P.P.
------
03/ 15.12.2025 Learned counsel appearing for the petitioner submits that
the learned Chief Judicial Magistrate, Dhanbad, by the judgment dated
18.03.2025 passed in connection with Dhanbad P.S. Case No. 345 of
2023 corresponding to G.R. No. 2451 of 2023 has been pleased to hold
guilty and the petitioner has been sentenced to undergo R.I. for a period
of 6 months and fine of Rs. 500/- and in default of payment of fine, S.I.
of 15 days for the offence of U/s 323 of IPC, R.I. of 3 years and fine of
Rs. 1,000/- and in default of payment of fine S.I. for one month for the
offence of U/s 325 of IPC, R.I. of 15 days and fine of Rs. 200/- and in
default of payment of fine, S.I. for 7 days for the offence of U/s 341 of
IPC, R.I. of 1 year and fine of Rs. 1,000/- and in default of payment of
fine, S.I. of one month for the offence of U/s 504 of the IPC and R.I. of
one year and fine of Rs. 1,000/- in default of payment of fine, S.I. of
one month for the offence U/s 506 of the IPC, respectively and all the
sentences were directed to run concurrently. He further submits that the
said judgment of learned trial court has been challenged before the
learned Additional Sessions Judge-XVI, Dhanbad, in Criminal Appeal
No. 74 of 2025, whereby the learned first appellate court has been
pleased to dismiss the said appeal by order dated 04.08.2025 by way of
upholding the order of the learned trial court.
2. Learned counsel appearing for the petitioner submits that
for grant of regular bail / suspension of sentence, during the pendency
of this revision petition, I.A. No. 12101 of 2025 has been filed. He
submits that the petitioner has surrendered before the learned court on
08.09.2025 and in view of that he has remained in custody for about 3
months 07 days. He next submits that the occurrence took place at the
public place, however, no independent witness has been examined and
further P.Ws.-4 and 5 are I.O. and Doctor respectively and rest of the
P.Ws. are the close relatives. He next submits that there is no likelihood
of taking this revision petition recently, as this petition is of the year
2025 only and in view of that this petitioner may kindly be enlarged on
bail, during the pendency of this petition.
3. Learned A.P.P. appearing for the State has opposed the
prayer and submits that there are concurrent findings of two of the
learned courts and in view of that the prayer for bail of the petitioner
may kindly be rejected.
4. It appears that this petitioner has remained in custody for
about three months and 07 days and it has been pointed out that the
occurrence took place at the public place, however, no independent
witness has been examined and further P.Ws.-4 and 5 are I.O. and
Doctor respectively and rest of the P.Ws. are the close relatives.
5. Reference may be made to the case of Hon'ble Supreme
Court in the case of Bhagwan Ram Shinde Gosai Versus State of
Gujarat, reported in (1999) 4 SCC 421. The Hon'ble Supreme Court in
the case of Satender Kumar Antil Versus Central Bureau of
Investigation & Anr., reported in (2022) 10 SCC 51, in para-57, has
held as follows:-
"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."
6. In view of the above and in the attending facts and
circumstance of the case, the petitioner, named above, is directed to be
released on regular bail, during the pendency of this petition, on
furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand)
with two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Dhanbad, in connection with Dhanbad P.S.
Case No. 345 of 2023 corresponding to G.R. No. 2451 of 2023.
7. The aforementioned I.A. is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated:-15.12.2025
Amitesh/-
