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Jharkhand High Court
Surendra Prajapati vs The State Of Jharkhand on 15 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Revision No. 748 of 2025
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Surendra Prajapati .... Petitioner
-- Versus --
1. The State of Jharkhand
2. Gita Devi .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. S.T. Sajid, Advocate
For the State :- Mr. Shailesh Kr. Sinha, Advocate
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02/15.12.2025 I.A. No.9575 of 2025 has been filed for condoning the
delay of 39 days.
2. Learned counsel appearing for the petitioner submits that the
petitioner has been convicted and sentenced by the judgment dated
12.04.2023 passed by learned Judicial Magistrate 1st Class, Garhwa in
connection with Chiniya P.S. Case No.03 of 2018 corresponding to G.R.
No.05 of 2018 whereby the petitioner has been convicted under
Section 498A of I.P.C. and sentenced to undergo R.I. for two years
and six months and fine of Rs.10,000/- in default of payment of fine to
undergo S.I. for a period of two months. It has also been held that the
period of sentence already undergone if any except in default of
payment of fine shall be set off against the sentence imposed.
3. He submits that the said judgment was challenged by the
petitioner being Cr. Appeal No.26 of 2023 and the learned Sessions
Judge by the judgment dated 21.02.2025 has been pleased to reject
the appeal. He further submits that in preparation of filing of this
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revision petition such delay has occurred and in view of that delay of
39 days may kindly be condoned.
4. Learned counsel appearing for the State has got no serious
objection, if the delay of 39 days has been condoned.
5. For the reasons assigned in the I.A., the prayer made in the
I.A. is hereby allowed and disposed of. The delay of 39 days is hereby
condoned.
6. Learned counsel appearing for the petitioner submits that I.A.
No.15966 of 2025 has been filed for suspension of sentence and grant
of bail to the petitioner. He further submits that the petitioner
happened to be husband of the informant and the petitioner was in
custody from 17.01.2018 to 13.07.2018 during the period of trial and
thereafter the petitioner has surrendered after the judgment of
learned appellate court on 15.05.2025 and is still in custody. He then
submits in view of that the petitioner has remained in custody for 12
months and 26 days. He next submits that this revision is of 2025 and
the matter is still pending and considering the period of sentence the
petitioner may kindly be released on bail.
7. Learned counsel appearing for the State submits that two
courts' concurrent findings are there, however, he is not disputing the
period of custody of the petitioner.
8. 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
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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.
9. Considering that the petitioner was in custody from
17.01.2018 to 13.07.2018 during the period of trial and thereafter the
petitioner has surrendered after the judgment of learned appellate
court on 15.05.2025 and is still in custody and the maximum sentence
is of two years and half months and there is no likelihood of taking of
this revision recently, I am inclined to grant regular bail to the
petitioner, as such let the petitioner be enlarged on bail.
10. Accordingly, during pendency of this criminal revision petition,
the petitioner namely Surendra Prajapati 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 Chiniya
P.S. Case No.03 of 2018 corresponding to G.R. No.05 of 2018. subject
to the condition that one of the bailor must be own relative of the
petitioner.
11. I.A. No.15966 of 2025 is allowed and disposed of.
12. In the meantime, call for the scanned copy of trial court
record.
(Sanjay Kumar Dwivedi, J.)
Dated 15.12.2025
Sangam/
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