[Cites 4, Cited by 0]
Jharkhand High Court
Birendra Goswami vs The State Of Jharkhand ...... ..... .... ... on 15 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr. Revision No. 919 of 2025
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1.Birendra Goswami
2.Ravindra Kushwaha
3.Sudhir Kumar ...... .... .... Petitioner(s)
-- Versus --
The State of Jharkhand ...... ..... .... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) :- Mr. Sheo Kumar Singh, Advocate
For the State :- Mr. Vishwanath Roy, Advocate
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7/15.12.2025 Learned counsel appearing for the petitioners submits that the
petitioners have been sentenced by the judgment dated 22.8.2024 passed by
learned C.J.M., Garhwa in connection with G.R. Case No.2089 of 2017 arising
out of Garhwa P.S. Case No.399 of 2017 whereby the petitioner have been
convicted under section 411 of the IPC and sentenced to RI for Two years with
Fine of Rs.5000/- each and in default of payment of fine, to under go SI for two
months each. He further submits that the petitioner has challenged the same
before the learned Sessions Judge, Garhwa in Cr. Appeal No.41 of 2024 and the
learned Sessions Judge, Garhwa and he has been pleased to dismiss the appeal
and upheld the aforesaid judgment of the learned C.J.M., Garhwa by judgment
dated 02.01.2025.
2. He further submits that after the judgment in the criminal appeal the
petitioner has surrendered before the learned court on 01.09.2025. He then
submits that I.A. No.12562 of 2025 has been filed for grant of bail to the
petitioners. He next submits that the petitioners are poor labourers and they
have surrendered before the learned court on 01.09.2025 and since then they
are in custody. He next submits that during the trial the petitioners have also
remained in custody for 43 days. He next submits that they have remained in
custody for about 5 months. He then submits that under section 313 Cr.PC no
question has been put upon the petitioners to the effect that the petitioners
have kept the property with malafide intention and dishonesty and nothing to
the stolen property. He next submits that the petitioners may kindly be released
on bail, during pendency of the instant revision petition.
3. Learned counsel appearing on behalf of the respondent State opposes
the prayer and submits that concurrent findings of two learned courts are there
and the petitioners have not completed half of the sentence and in view of that,
the prayer for bail of the petitioners may kindly be rejected.
4. Considering that the petitioners have remained in custody for about 5
months and the sentence is of two years and it has been pointed out that the
petitioner are labourers and they earn their livelihood by doing labour work and
this criminal revision petition is of the year 2025 and there is no likelihood of
this criminal revision being taken up recently and light of the Hon'ble Supreme
Court judgment in the case of Bhagwan Ram Shinde v. State of Gujarat
reported in (1999) 4 SCC 421 and further in light of the judgment rendered in
the case of Satender Kumar Antil v. Central Bureau of Investigation
and Another, reported in (2022) 10 SCC 51 wherein at paragraph no.57 it
has been held that:
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 above, this Court is inclined to grant regular bail to the
petitioners, above named, and accordingly, the instant I.A. filed for grant of
bail, is allowed, and hence, the petitioners above named are hereby directed to
be released on bail, during pendency of this Criminal Revision petition, on
furnishing of bail bond of Rs.25,000/- (Twenty Five Thousand) only each with
two sureties of the like amount each, to the satisfaction of learned C.J.M.,
Garhwa, in connection with G.R.Case No.2089 of 2017 arising out of Garhwa
P.S. Case No.399 of 2017 with further condition that one of the bailors must be
a close relative of the petitioners.
( Sanjay Kumar Dwivedi, J.)
Dated : 15th Dec., 2025
SI/
