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Mahendra Prasad Das vs The State Of Jharkhand ... Opp. Parties
2025 Latest Caselaw 7807 Jhar

Citation : 2025 Latest Caselaw 7807 Jhar
Judgement Date : 16 December, 2025

[Cites 4, Cited by 0]

Jharkhand High Court

Mahendra Prasad Das vs The State Of Jharkhand ... Opp. Parties on 16 December, 2025

Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No.1080 of 2025

            Mahendra Prasad Das, aged about 45 years, son of Late Rameshwar
            Prasad Das, resident of Sector 12 Qr. No.1225, P.O. & P.S. Sector 12,
            District - Bokaro                          ...    Petitioner
                                      Versus
            The State of Jharkhand                     ...    Opp. Parties
                                   --------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

------

For the Petitioner : Mr. Nilesh Kumar, Advocate.

                                           Mr. Ramesh Kumar, Advocate
            For the State          :       Mr. Pankaj Kumar, PP
                                   ------
3/16.12.2025     Heard learned counsel appearing for the petitioner and learned

          counsel appearing for the State.

2. Learned counsel appearing for the petitioner submits that

petitioner has been convicted by judgment of conviction and order of

sentence dated 06.02.2023 passed by learned Chief Judicial

Magistrate, Bokaro, in connection with G.R. Case No. 606 of 2013

arising out of Chas P.S. Case No. 125 of 2013 u/s 409, 420, 120B of

the I.P.C. and sentenced him to undergo S.I. for three years and fine of

Rs. 5,000/- and in default of payment of fine, shall undergo S.I. for six

months u/s 409 of I.P.C., further sentence to undergo S.I. for three

years, and fine of Rs. 5,000/- and in default of payment of fine shall

undergo S.I. for six months u/s 420 of I.P.C. and further sentence to

undergo S.I. for 01 years u/s 120B of I.P.C. and all the sentences are

ordered to run concurrently. He next submits, against the said

judgment, the petitioner has preferred the appeal being Cr. Appeal

No.23 of 2023 and the said appeal has also been dismissed by order

dated 15.09.2025 passed by the learned Additional Sessions Judge-III,

Bokaro.

3. Learned counsel appearing for the petitioner submits that the

petitioner is in custody after surrendering on 06.11.2025 to till date.

He further submits that the petitioner has already remained in custody

for about 11 months. He next submits that the petitioner has already

deposited Rupees four lakh four thousand fifty before the competent

authority in view of the regular bail order of this Court. He submits

that the matter is still pending and there is no likelihood to take up the

matter recently as the criminal revision is of year 2025 and as such,

the petitioner may kindly be released on bail.

4. Learned counsel appearing for the State opposed the prayer and

submits that there are concurrent findings of the two courts and in

view of that petitioner may not be granted bail.

5. Considering that the maximum sentence is of three years and

this revision is of the year 2025 and there is no likelihood of taking up

the matter recently and the petitioner has already remained in custody

for about 11 months. Further the defalcated amount of Rupees four

lakh four thousand and fifty has already been deposited before the

competent authority and further considering the case of Bhagwan

Rama Shinde Gosai Vs. State of Gujrat reported in (1999) 4 SCC 421

and the Judgment of Hon'ble Supreme Court in the case of Satender

Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in

(2022) 10 SCC 51 where in para-57 the Hon'ble Supreme Court has

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."

6. In the light of the above, I am inclined to grant bail to the

petitioner.

7. Accordingly, the petitioner, named above, is directed to be

released on regular bail, 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, Bokaro,

in connection with G.R. Case No. 606 of 2013 arising out of Chas P.S.

Case No. 125.

8. Call for the scanned copy of the trial court record.

(Sanjay Kumar Dwivedi, J.) 16.12.2025 R.Kumar

 
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