[Cites 3, Cited by 0]
Jharkhand High Court
Moinuddin Sk. @ Mainuddin Sheikh 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. 779 of 2025
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Moinuddin Sk. @ Mainuddin Sheikh .... Petitioner
-- Versus --
1. The State of Jharkhand
2. Sajida Bibi .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Md. Yasir Arafat, Advocate
:- Mr. Ranjan Kr. Ravidas, Advocate
For the State :- Mr. Sanat Kr. Jha, Advocate
For O.P. No.2 :- Mr. Sumit Gautam, Advocate
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05/15.12.2025 Learned counsel appearing for the petitioner submits
that there is no limitation in this revision petition and office has also
not pointed out the limitation and inadvertently he has filed I.A.
No.315 of 2025 for condoning the delay of six days and in view of that
he is not pressing I.A. No.315 of 2025.
2. Learned counsel appearing for the State and Opposite Party
No.2 have got no objection.
3. Accordingly, I.A. dismissed as not pressed.
4. Learned counsel appearing for the petitioner submits that the
petitioner has been convicted and sentenced by the judgment dated
11.03.2024 passed in G.R. Case No.791 of 2016, Maheshpur (Raddipur
O.P.) P.S. Case No.155 of 2016 corresponding to T.R. No.1023 of 2024
passed by learned C.J.M., Pakur whereby the learned Court has been
pleased to convict the petitioner for the offence under Section 498A of
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Indian Penal Code for two years S.I. and fine of Rs.5,000/- and in
default of payment of fine he shall further undergo S.I. for a period of
one month and further S.I. for three months for offence under Section
323 of IPC and it has been directed that both the sentences shall run
concurrently. He further submits that the said judgment was
challenged before the learned Sessions Judge, Pakur in Criminal
Appeal No.21 of 2024 and by judgment dated 05.10.2024 learned trial
court has been pleased to dismiss the appeal
5. He submits that I.A. No.10006 of 2025 has been filed for
suspension of sentence and for regular bail to the petitioner. He
further submits that during the period of trial the petitioner was
granted anticipatory bail and he was not in custody. He then submits
that after the judgment of learned appellate court the petitioner has
surrendered before the learned Court on 20th June, 2025 and since
then he is in custody and has remained in custody for 5 months and
25 days.
6. Learned counsel appearing for the State and Opposite Party
No.2 jointly opposed the prayer and submits that two courts'
concurrent findings are there and in view of that regular bail of the
petitioner may kindly be rejected.
7. 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 :
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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.
8. In view of the above and considering that the petitioner has
been convicted to undergo R.I. for two years and has surrendered
before the learned Court on 20th June, 2025 and has remained in
custody for 5 months and 25 days and the case is arising under
Section 498A of IPC and there is no likelihood of taking this revision
recently, I am inclined to grant regular bail to the petitioner, as such
let the petitioner be enlarged on bail.
9. Accordingly, during pendency of this criminal revision petition,
the petitioner namely Moinuddin Sk. @ Mainuddin Sheikh 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 Chief Judicial Magistrate Pakur in connection
with G.R. Case No.791 of 2016, Maheshpur (Raddipur O.P.) P.S. Case
No.155 of 2016 corresponding to T.R. No.1023 of 2024 subject to the
condition that one of the bailor must be own relative of the petitioner.
10. I.A. No.10006 of 2025 is allowed and disposed of.
11. Call for the trial court record.
(Sanjay Kumar Dwivedi, J.)
Dated 15.12.2025
Sangam/
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