Jharkhand High Court
Salim Sk. Age About 23 Years vs The State Of Jharkhand ...... Opp. Party on 7 July, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1414 of 2023
....
Salim Sk. Age about 23 years, son of Jamidar Sk. Resident of
Village-Anjana, PO- Anjana, PS- Pakur (M), Dist.-Pakur
(Jharkhand) ...... 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 : Md. Yasir Arafat, Advocate
For the State : Mr. Rajneesh Vardhan, A. P. P.
For the Informant : Mr. Uttam Kr. Das, Advocate
.....
I.A. No. 6405 of 2024
08/07.07.2025 The instant I.A. No. 6405 of 2024 has been filed on
behalf of the petitioner under Section 5 of the Limitation Act for
condoning the delay of 425 days in filing the instant Cr. Revision
No. 1414 of 2023.
2. Learned counsel for the petitioner has submitted that
there is delay of 425 days in filing the Cr. Revision No. 1414 of
2023. It is submitted that due to financial crunch, he could not
file this Criminal Revision Application within time. It is
submitted that the case has been compromised between the
petitioner and the Informant and for which I. A. No. 7237 of
2024 has been filed by way of Joint Compromise Petition by the
petitioner and the Informant and hence, the delay of 425 days in
filing the instant Cr. Revision No. 1414 of 2023 may be
condoned.
3. Learned counsel for the State raised no objection.
4. Learned counsel for the Informant also raised no
objection and has admitted the factum of compromise between
the petitioner and the Informant.
5. Although the delay has not been properly explained by
the petitioner in this Criminal Revision Application and the same
is cryptic. However, considering the fact that both the sides have
entered into compromised and also considering the fact that the
petitioner is in custody since 06.06.2025 and in view of the
averments made in para- 5 and 6 of the instant I.A. No. 6405 of
2024 and taking lenient view, the delay of 425 days in preferring
the instant Cr. Revision No. 1443 of 2023 is, hereby, condoned.
6. Thus, I.A. No. 6405 of 2024 is allowed and stands
disposed of.
7. I.A. No. 6411 of 2024 has been filed on behalf of the
petitioner under Rule 159 of the Jharkhand High Court Rules,
2001 for exemption from surrendering from the learned Court
below.
8. It is submitted by the learned counsel for the petitioner
that since the petitioner has been arrested by the police on
06.06.2025, I.A. No. 6411 of 2024 has become infructuous.
9. Accordingly, I.A. No. 6411 of 2024 stands disposed of
as having been infructuous.
10. The present Criminal Revision No. 1414 of 2023 has
been filed on behalf of the petitioner challenging the judgment
dated 15.07.2022 passed in Criminal Appeal No. 10 of 2015 by
Sri Rakesh Kumar, learned Additional Sessions Judge-I, Pakur
whereby learned Additional Sessions Judge-I, Pakur has
dismissed the Appeal with modification in the order of sentence
dated 30.03.2015 passed by Sri Durgesh C. Awasthi, learned
Principal Magistrate and Member, Juvenile Justice Board, Pakur
by upholding the conviction of the petitioner for the offences
under Sections 498-A of the Indian Penal Code and Section 3/4
of the Dowry Prohibition Act and however, he has modified the
period of detention of 1 and 1/2 years to six (6) months and to
pay fine of Rs. 5,000/- for the offences under Sections 498-A of
the Indian Penal Code and Section 3/4 of the Dowry Prohibition
Act. Although vide judgment of conviction and order of sentence
dated 30.03.2015 passed by Sri Durgesh C. Awasthi, learned
Principal Magistrate and Member, Juvenile Justice Board, Pakur
in connection with Pakur (M) P. S. Case No. 207 of 2014
corresponding to G. R. No. 459 of 2014, the petitioner was
convicted for the offences under Sections 498-A of the Indian
Penal Code and Section 3/4 of the Dowry Prohibition Act and
sentenced to undergo detention for a period of one and half year.
11. I. A. No. 7396 of 2025 has been filed under Section 430
(1) of BNSS, 2023 on behalf of the petitioner for suspension of
sentence and for grant of bail, during pendency of the Criminal
Revision Application.
12. Heard Learned counsel for the petitioner and learned
counsel for the State and learned counsel for the Informant .
13. It is submitted by the learned counsel for the petitioner
that the impugned judgments and order of sentence passed by the
learned Court below are illegal, arbitrary and not sustainable in
the eyes of law. It is submitted that petitioner is the husband and
got the case compromised with the Informant and both the sides
are living in the same room. However, the petitioner has been
arrested by the police on 06.06.2025. It is submitted that the
petitioner has got no criminal antecedent and he will keep his
wife with honour and dignity and as such, the petitioner may be
enlarged on bail.
14. Learned counsel for the State raised no objection.
15. Learned counsel for the Informant also raised no
objection and has admitted the factum of compromise between
the petitioner and the Informant.
16. Having heard learned counsel for both the sides and
considering the fact that the petitioner and the Informant have
entered into compromise.
17. It further appears that the petitioner is in custody since
06.06.2025.
18. Considering the facts and circumstances of the case,
the petitioner namely Salim Sk. is directed to be released on
bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand
only) with two sureties of the like amount each to the
satisfaction of Sri Durgesh C. Awasthi, learned Principal
Magistrate, Juvenile Justice Board, Pakur/or his Successor
Court in connection with Pakur (M) P. S. Case No. 207 of
2014 corresponding to G. R. No. 459 of 2014.
19. Thus, I. A. No. 7396 of 2025 is allowed and stands
disposed of.
20. Put up this case after four weeks under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
