Jalebi Gasi @ Sandeep Jee @ Kuleshwar ... vs The State Of Jharkhand .... Opp. Party
2025 Latest Caselaw 3158 Jhar

Jharkhand High Court

Jalebi Gasi @ Sandeep Jee @ Kuleshwar ... vs The State Of Jharkhand .... Opp. Party on 6 March, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Revision No. 22 of 2025
      Jalebi Gasi @ Sandeep Jee @ Kuleshwar Gasi @ Ghasi
                                                 .... Petitioner
                                   Versus
      The State of Jharkhand                     .... Opp. Party
                            ------

CORAM : HON'BLE MR. JUSTICE SANJAY PRASAD

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      For the Petitioner            : Mr. Nehru Mahto, Advocate
      For the State                 : Mr. Suraj Deo Munda, APP
                            -----
        I.A. (cr.) No. 10388 of 2024

3/ 06.03.2025    This interlocutory application has been filed on behalf of

the petitioner under Section 5 of the Limitation Act for condoning the delay of 66 days.

2. It is submitted that father of the petitioner had died and he had to perform his last ritual of his father and he was suffering from financial crunch and he is in custody since 29.07.2024 and hence delay of 66 days may be condoned.

3. Learned APP has raised objection.

4. Having heard learned counsel for both the sides and in view of the averments made in paragraph nos.6 to 8 of this interlocutory application, the delay of 66 days in filing the instant Criminal Revision Application is condoned.

5. Thus, the aforesaid interlocutory application is allowed and stands disposed of.

6. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 08.04.2024 passed by Sri Alok Kumar Dubey, learned Principal District and Sessions Judge-Ramgarh, in Cr. Appeal No.46 of 2023 by which the appeal

filed on behalf of the appellant has been dismissed, thereby affirming the judgment of conviction and order of sentence dated 11.08.2023 passed by Ms. Anulica Kumar, learned Judicial Magistrate, 1st Class, Ramgarh, in Gola P.S. Case No. 62 of 2009 corresponding to G.R. No. 2098 of 2009, by which the petitioner has been convicted for the offence under Sections 25 (1-B)a and 26 (1) of the Arms Act and sentenced to undergo R.I for three years and pay the fine of Rs. 10,000/-.

7. This interlocutory application 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. Heard Mr. Nehru Mahto, learned counsel for the petitioner and learned APP for the State.

9. It is 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 petitioner is in custody since 29.07.2024 and prior to that he was also in judicial custody for about five months. As such, the petitioner may be enlarged on bail.

10. On the other hand, learned APP has opposed the prayer for bail. It is submitted that the petitioner was arrested with one loaded country made arms.

11. Considering the custody of the petitioner and on the facts and in the circumstances of this case, the petitioner, namely, Jalebi Gasi @ Sandeep Jee @ Kuleshwar Gasi @ Ghasi, 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 Ms. Anulica Kumar, learned Judicial Magistrate 1st

Class, Ramgarh, or her Successor Court, in connection with G.R. No. 2098 of 2009 arising out of Gola P.S. Case No. 62 of 2009.

12. Thus, the aforesaid interlocutory application is allowed and stands disposed of.

13. Call for the scanned copy of the Lower Court Record.

14. Put up this case in the month of October, 2025 for 'Admission.'

(Sanjay Prasad, J.) R.Kr.