Jharkhand High Court
Deepak Kumar Das vs The State Of Jharkhand ....... Opp. ... on 26 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision (Filing) No. 13520 of 2025
Deepak Kumar Das ...... 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. Akhouri Awinash Kumar, Advocate
For the State : Mr. Shashi Kr. Verma, APP
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th
02/Dated:26 June, 2025
Learned counsel for the petitioner submitted that there is
defect of filing affidavit on behalf of the petitioner through
Pairvikar may be ignored for the present as there is none in the
family of the petitioner to sworn an affidavit on behalf of the
petitioner.
2. Accordingly, the defect is ignored for the present.
However, the petitioner is directed to file proper affidavit after
being released from jail.
I.A. No.7752 of 2025
3. I.A No.7752 of 2025 has been filed on behalf of the
petitioner under Section 5 of the Limitation Act for condoning the
delay of 286 days.
4. Heard learned counsel for the petitioner and learned APP for
the State.
5. Learned counsel for the petitioner submitted that this Criminal
Revision Application has been filed through Jharkhand High Court
Legal Services Committee on the basis of Jail Petition send by the
petitioner. It is submitted that the petitioner is in custody for a long
period. It is submitted that due to poverty the petitioner could not file
Criminal Revision under time and hence, the delay of 286 days in
filing the instant Criminal Revision Application may be condoned.
6. Learned APP has raised no objection.
7. Having heard learned counsel for the petitioner and learned
counsel for the State and in view of the averments made in paragraph
4 to 8, the delay of 286 days in filing the instant Criminal Revision is
condoned.
8. Thus, I.A. No. 7752 of 2025 is allowed and stands disposed of.
9. This Criminal Revision Application has been filed on behalf of
the petitioner through Jharkhand High Court Legal Services
Committee by challenging the judgment dated 06.06.2024 passed by
Sri Vishwa Nath Shukla, learned Sessions Judge-Chaibasa at West
Singhbhum in Cr. Appeal No.24 of 2024 by which the appeal filed
on behalf of the petitioner has been dismissed thereby affirming the
judgment of conviction and order of sentence dated 02.04.2024
passed by Ms. Supriya Rani Tigga, learned S.D.J.M, Sadar, West
Singhbhum at Chaibasa in connection with G.R. Case No.29 of
2023, arising out of Noamundi P.S Case No.55 of 2022 (T.R No.473
of 2024) by which the petitioner along with one Gurudev Gope @
Chaura has been held guilty for the offences under Section 414/34 of
IPC and sentenced to undergo S.I for two (02) years each.
10. I.A. No.7753 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.
11. Learned counsel for the petitioner submitted that the impugned
judgments and sentence passed by the learned Courts below are
illegal, arbitrary and not sustainable in the eye of law. It has been
submitted that no independent seizure witness was examined. It has
been submitted that nothing has been recovered from the possession
of the petitioner. It is submitted that recovery of one Motorcycle has
been made from the co-accused- Gurudev Gope @ Chaura. The
petitioner is in custody since 21.12.2022 to 26.07.2023 and
thereafter he is in custody since 04.08.2024 till date.
12. On the other hand, learned APP has opposed the prayer for
bail. It has been submitted that the petitioner is a member of gang
who used to theft Motorcycle and hence the prayer for bail may be
rejected.
13. Heard learned counsel for both sides and perused the judgment
passed by the learned Trial Court.
14. It appears from the judgment passed by the learned Trial Court
that the petitioner was taken into custody on 02.04.2024 by the
learned S.D.J.M, Chaibasa and his bail bond was cancelled on
02.04.2024 itself.
15. It appears that the petitioner was in custody from 21.12.2022
till 26.07.2023 (i.e. for around 07 months) and thereafter he is in
custody since 02.04.2024 till date (i.e. more than 01 year 02
months).
16. From perusal of the Jail Petition, it appears that specific date
of custody has not been mentioned and the report submitted by the
Jail Superintendent, Central Jail, Ghaghidih, Jamshedpur is cryptic.
17. However, considering the period of custody and on the
facts and in the circumstances of the case, the petitioner namely
Deepak Kumar Das is directed to be released on bail
provisionally for a period of six months from today, on
furnishing bail bond of Rs.15,000/- (Rs.Fifteen Thousand only)
with two sureties of the like amount each to the satisfaction of
Ms. Supriya Rani Tigga, learned S.D.J.M, Sadar, West
Singhbhum at Chaibasa/or her Successor Court in connection
with G.R. Case No.29 of 2023, arising out of Noamundi P.S
Case No.55 of 2022 (T.R No.473 of 2024), subject to the condition
that one of the bailors should be relative and also subject to the
condition that the petitioner will also file affidavit in this case
from his Pairvikar within three weeks on being released from the
jail.
Cr.Rev. (Filing) No.13520 of 2025
18. Learned APP is directed to produce the custody report of
the petitioner and file affidavit on behalf of the Jail
Superintendent, Central Jail, Ghaghidih, Jamshedpur regarding
actual period of custody along with the custody warrant and date of
entry of the petitioner in jail.
19. Put up this case on 07.08.2025.
20. Call for the scanned copy of the Lower Court Record.
21. Let a copy of this order be sent to the learned Secretary,
Jharkhand High Court Legal Services Committee, Ranchi and also to
the learned Court below and be also handed over the learned APP for
the needful.
(Sanjay Prasad, J.)
Saket/-
