Jharkhand High Court
Shiv Shankar Maraiya vs The State Of Jharkhand .......Opp. ... on 27 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 49 of 2024
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Shiv Shankar Maraiya ......Petitioner
Versus
The State of Jharkhand .......Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Suraj Singh, Advocate
For the State : Mr. Suraj Deo Munda, A.P.P
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Order No: 04/ Dated: 27.02.2025
I.A No. 2753 of 2024
I.A No. 2753 of 2024 has been filed on behalf of the
petitioner for condoning the delay of 491 days in filing this instant
Criminal Revision Application.
2. Having heard learned counsel for both the sides and in
view of the averments made in Paragraph nos. 3 to 7 of the
I.A. No. 2753 of 2024 and the fact that the petitioner is in custody
since 22.08.2023, the delay of 491 days in filing this instant
Criminal Revision Application is hereby condoned.
3. Thus, I.A. No. 2753 of 2024 is allowed and stand
disposed of.
4. The present Criminal Revision Application has been filed
on behalf of the petitioner challenging the judgment dated
10.06.2022 passed by Sri Rakesh Kumar Mishra, learned
Additional Sessions Judge-II, Dumka by which the appeal filed on
behalf of the petitioner has been dismissed thereby affirming the
judgment of conviction and order of sentence dated 24.07.2017
passed by learned S.D.J.M, Dumka in connection with Shikaripara
P.S. Case No. 19 of 2016 corresponding to G.R. Case No. 151 of
2016 in T.R. Case No. 1673/2017 by which the petitioner has
been convicted for the offence under Section 411 of the Indian
Penal Code and sentenced to undergo R.I for three (03) years and
to pay the fine of Rs. 10,000/-.
However, the learned Court below had acquitted the
petitioner for the offence under Section 392 of the I.P.C.
5. I.A No. 13054 of 2024 has been filed on behalf of the
petitioner for grant of bail, during pendency of the Criminal
Revision Application.
6. Heard learned counsel for the petitioner and learned
counsel for the State.
7. Learned counsel for the petitioner has submitted that the
impugned judgments and order passed by the learned Courts
below are illegal, arbitrary and not sustainable in the eye of law. It
is submitted that the allegations against the petitioner are false and
concocted and he has been falsely implicated in this case. It is
submitted that the petitioner is in custody since 22.08.2023 and as
such, the petitioner may be enlarged on bail.
8. Learned counsel for the State has opposed the prayer for
bail.
9. Having heard learned counsel for both the sides and from
going through the Lower Court Records, it appears that
Rs. 50,000/- cash was recovered from this petitioner.
10. Considering the facts and circumstances, of this case and
the fact that the petitioner is in custody since 22.08.2023, the
petitioner namely Shiv Shankar Maraiya is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand
only) with two surities of the like amount each to the satisfaction
of by Sri Rakesh Kumar Mishra, learned Additional Sessions
Judge-II, Dumka in connection with Shikaripara P.S. Case No. 19
of 2016 corresponding to G.R. Case No. 151 of 2016 in T.R. Case
No. 1673/2017 subject to the condition that one of the bailers must
be the own relative of the petitioner and the bailer shall furnish
his/her personal mobile number before the learned Court below.
11. However, the petitioner shall also file an undertaking
before the learned Court below that he will not get indulged in
such type of crime in future, failing which, the prosecution will be
at liberty to take steps for cancellation of his bail..
12. Thus, I.A No. 13054 of 2024 is allowed and stands
disposed of.
13. Let a copy of this order be sent to the learned Court
below.
Cr. Revision NO. 49 of 2024
14. Put up this case in the month of August, 2025 under the
heading "Admission".
(Sanjay Prasad, J.)
Avinash/
