Jharkhand High Court
Tulsi Joshi vs The State Of Jharkhand .......Opp. ... on 4 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 212 of 2025
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Tulsi Joshi ......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 : Ms. Savita Kumari, Advocate
For the State : Mr. Arup Kr. Dey, A.P.P
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Order No: 02/ Dated: 04.03.2025
I.A No. 2242 of 2025
I.A No. 2242 of 2025 has been filed on behalf of the
petitioner under Section 5 of the Limitation Act for condoning the
delay of 41 days in filing this instant Criminal Revision
Application.
2. It is submitted that the petitioner was not aware of the
order passed by the learned Court below and the petitioner is in
custody since 11.11.2022 and hence, the delay of 41 days in filing
this instant Criminal Revision may be condoned.
3. No objection has been raised by the learned counsel for
the State.
4. Having heard learned counsel for both the sides and
considering the fact that the petitioner is in custody since
11.11.2022, the delay of 41 days in filing this instant Criminal
Revision Application is hereby condoned.
5. Thus, I.A No. 2242 of 2025 is allowed and stands
disposed of.
6. This Criminal Revision has been filed on behalf of the
petitioner by challenging the judgment dated 13.09.2024 passed
by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi in
Criminal Appeal No. 317 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 29.07.2024
passed by Mrs. Smriti Topno, Sub-Divisional Judicial Magistrate,
Ranchi in connection with G.R. Case No. 66/2023 (arising out of
Macluskieganj, P.S Case No. 43/2022) by which the petitioner has
been convicted for the offence under Section 392 of the I.P.C and
Section 25(1-B)a of the Arms Act and sentenced to undergo S.I for
three (03) years each and to pay the fine of Rs. 5,000/- each
respectively.
7. I.A No. 1911 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and to grant bail to the
petitioner during the pendency of this present Criminal Revision
Application.
8. Learned counsel for the petitioner has 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
is submitted that the co-accused namely Pankaj Kumar Paswan
has been granted bail by this Court in Criminal Revision No. 1062
of 2024 vide order dated 27.02.2025 and web copy of the said
order is produced before this Court in course of the argument It is
further submitted that the petitioner is in custody since 11.11.2022
(i.e for more than 2 years and 3 months) and hence, he may be
enlarged on bail.
9. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted that firearms was
recovered from the possession of the petitioner and as such, the
prayer for bail may be rejected.
10. Having heard learned counsel for both the sides and from
going through the impugned judgments passed by the learned
Courts below, it appears that there is recovery of firearms from the
possession of the petitioner
11. Considering the custody of the petitioner, the petitioner
namely Tulsi Joshi 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 Mrs. Smriti Topno,
Sub-Divisional Judicial Magistrate, Ranchi/or her successor Court
in connection with G.R. Case No. 66/2023 (arising out of
Maccluskieganj, P.S Case No. 43/2022).
12. Thus, I.A No. 1911 of 2025 is allowed and stands
disposed of.
13. Let a copy of this order be sent to the learned Court
below.
14. Let this case be placed along with Criminal Revision
No. 1062 of 2024.
15. Put up this case under the same heading in the month of
September, 2025.
(Sanjay Prasad, J.)
Avinash/
