Jharkhand High Court
Satyendra Singh vs The State Of Jharkhand And Ors. ...... ... on 30 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1443 of 2023
....
Satyendra Singh ...... Petitioner
Versus
The State of Jharkhand and Ors. ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Awnish Shankar, Advocate
For the State : Mr. Suraj Deo Munda, A. P. P.
For the O. P. No. 2 : Md. Imran Beig, Advocate
.....
I.A. No. 10313 of 2023
04/30.06.2025 I.A. No. 10313 of 2023 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail.
2. Since, the petitioner has been released from jail in the
month of March, 2024 after completing his period of sentence
passed by the learned Court below, I.A. No. 10313 of 2023 has
become infructuous.
3. Accordingly, I.A. No. 10313 of 2023 stands disposed of
having been infructuous.
4. The instant I.A. No. 10312 of 2023 has been filed on
behalf of the petitioner under Section 5 of the Limitation Act for
condoning the delay of 387 days in filing the instant Cr.
Revision No. 1443 of 2023.
5. Learned counsel for the petitioner has submitted that the
petitioner was taken into custody on 06.10.2023 from his house,
after dismissal of Criminal Appeal No. 83 of 2019 by Sri Satya
Prakash Sinha, learned Sessions Judge, Hazaribag vide judgment
dated 05.07.2022 and had remained in custody for around six (6)
months and thereafter, the petitioner has been released from jail
in the month of March, 2024 after completing his period of
sentence. It is submitted that due to financial crunch and it was
the period of COVID-19 pandemic period, he could not file this
Criminal Revision Application within time and hence, the delay
of 387 days in filing the instant Cr. Revision No. 1443 of 2023
may be condoned.
6. Learned counsel for the State and learned counsel for
the opposite party no. 2 have opposed the prayer for condonation
of delay. It is submitted that the petitioner has not given
sufficient reason for condoning the delay and the petitioner was
negligent in conducting the appeal before the learned Court
below and hence, the delay of 387 days in filing the instant Cr.
Revision No. 1443 of 2023 may be rejected.
7. Having heard learned counsel for both the sides and also
considering the fact that the petitioner was in custody since
06.10.2023 and released from jail in the month of March, 2024
after completion of his sentence passed by the learned Court
below and when this Criminal Revision Application was filed on
31.10.2023, the petitioner was in custody and in view of the
averments made in para- 4 to 10 of the instant I.A. No. 7796 of
2023 and taking lenient view, the delay of 387 days in preferring
the instant Cr. Revision No. 1443 of 2023 is, hereby, condoned.
8. Thus, I.A. No. 10312 of 2023 is allowed and stands
disposed of.
9. Learned counsel for the petitioner is directed to implead
the Deputy Commissioner, Hazaribagh and District Certificate
Officer, Hazaribagh as opposite party no. 3 and opposite party
no. 4 in this case.
10. Mr. Suraj Deo Munda, learned A. P. P. accepts notice on
behalf of the newly added opposite party no. 3 and opposite
party no. 4 and may file counter affidavit, if so advised.
11. I.A. No. 6463 of 2025 has been filed on behalf of the
petitioner under Sections 438 and 442 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for staying the execution of the order
dated 31.07.2024 passed by the learned Judicial Magistrate, 1 st
Class, In-charge, Hazaribag in connection with Complaint Case
No. 961 of 2015 [T. R. No. 1263 of 2019] by which the learned
Court below issued warrant for recovery of fine against the
petitioner for realizing the compensation of Rs. 7,80,000/-.
12. Learned counsel for the petitioner has submitted that
during the pendency of appeal before the learned Appellate
Court, the petitioner had already deposited Rs. 1,56,000/- before
the learned Appellate Court and which has already been handed
over by the learned Appellate Court below to the opposite party
no. 2. However, the learned Court below has committed grave
error by issuing warrant for recovery of entire fine of
Rs. 7,80,000/- from the petitioner and even after completion of
period of sentence in jail custody.
13. Learned counsel for the opposite party no. 2 prays for
time to file rejoinder to the I.A. No. 6463 of 2025.
14. Put up this case on 25.08.2025.
15. Till then, execution of the order dated 31.07.2024
passed by the learned Judicial Magistrate, 1st Class. In-charge,
Hazaribagh as well as further proceeding in connection with
Complaint Case No. 961 of 2015 [T. R. No. 1263 of 2019] for
warrant of recovery of fine of Rs. 7,80,000/- and the order dated
02.12.2024 passed by DCO [District Certificate Officer),
Hazaribagh shall remain stayed.
16. Call for the scanned copy of the Lower Court Records.
17. Let a copy of this order be sent to the learned Court
below and to the District Certificate Officer, Hazaribagh and
also the concerned office for the needful and be also handed over
to the learned counsel for the State.
(Sanjay Prasad, J.)
Kamlesh/
