Citation : 2025 Latest Caselaw 857 Jhar
Judgement Date : 16 July, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 668 of 2025
Ram Pravesh Pandey ...... 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. Pratiush Lala, Advocate For the State : Mr. Shashi Kumar Verma, APP
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th 02/Dated:16 July, 2025 I.A. No.8585 of 2025
I.A No.8585 of 2025 has been filed on behalf of the petitioner under Section 5 of the Limitation Act for condoning the delay of 2940 days.
2. It has been submitted that the petitioner is a poor person and was not able to understand the judgment dated 25.03.2015 passed by the learned Appellate Court and he was directly taken into custody on 02.06.2025. It has been submitted that the petitioner is a 'Pujari' in a temple and he was not aware of the notice of the bailable warrant and he could not file the instant Criminal Revision Application within time and hence the delay of 2940 days may be condoned.
3. Learned APP for the State has opposed the prayer.
4. Having heard learned counsel for parties and in view of the averments made in paragraph 4 to 8 and taking lenient view, the delay of 2940 days in filing of the instant Criminal Revision is hereby condoned, subject to payment of Rs.1000/- before the Jharkhand High Advocate Clerk Association within 10 days from today.
5. Thus, I.A. No. 8585 of 2025 is allowed and stands disposed of.
6. This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 25.03.2015 passed by learned Session Judge-Dhanbad in Cr. Appeal No.75 of 2011 by which the appeal filed on behalf of the petitioner was allowed in part with modification in sentence by directing the petitioner and another co-convict to execute bond of two sureties for maintain peace and harmony for a period of two years, failing which they were directed to appear before the Court below and pay the sentence as directed by the learned Court below, although the Trial Court i.e. the Court of Sri Bipin Bihari Gautam, then J.M Ist Class, Dhanbad in C.P. Case No.165 of 2005 (T.R No.967 of 2011) had convicted the petitioner and one Asha Devi for the offences under sections 379/34, 323/34 and 341/34 of I.P.C and sentenced them to undergo S.I for six (06) months, S.I for six (06) months and S.I. for one (01) month each respectively.
However, all the sentences were directed to run concurrently.
7. I.A. No.8175 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
8. Learned Counsel for the petitioner submitted that the petitioner is a poor person and is Pujari at Lilori Sthan Temple and could not furnish the bonds as directed by the learned Appellate Court and he is in custody since 02.06.2025. It has been submitted that the petitioner is ready to execute bonds as per the direction of the learned Appellate Court and hence, the petitioner may be enlarged on bail.
9. On the other hand, learned APP has opposed the prayer for bail.
10. Having heard learned counsel for the parties and in view of fact that the petitioner is in custody since 02.06.2025 i.e. for more than one and half month although the learned Appellate Court had directed him to execute a bond for maintaining peace and harmony for period of two years.
11. On the facts and in the circumstances of this case, the petitioner namely, Ram Pravesh Pandey is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of Sri Bipin Bihari Gautam, learned J.M Ist Class, Dhanbad/ or his Successor Court in C.P. Case No.165 of 2005 (T.R No.967 of 2011.
12. I.A. No.8175 of 2025 is allowed and stands disposed of.
13. Call for the scanned copy of the Lower Court Records.
(Sanjay Prasad, J.) Saket/-
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