Jharkhand High Court
Timal Jayaswal @ Amit Jaiswal vs The State Of Jharkhand on 13 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 625 of 2025
Timal Jayaswal @ Amit Jaiswal, aged about 47 years, son of Ram Palat
Jaiswal @ Pampalat Jaiswal, resident of Harharguttu, P.O. Harharguttu, P.S.
Bagbera, Town Jamshedpur, District-East Singhbhum presently residing at
H. No. 20, Garbasa, Near Mahabir Mandir, P.O.and P.S. Bagbera, District-
East Singhbhum ...... ... Petitioner
Versus
1.The State of Jharkhand
2.The Union of India
..... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Rajesh Kumar, Advocate
For the State : Mrs. Amrita Kumari, A.P.P
For the Union of India : Mrs. Nikki Sinha, C.G.C.
06/ 13.10.2025: Heard learned counsel for the petitioners and learned
counsel for the State.
2. I.A. No.8103 of 2025 has been filed for suspension of sentence
and release the petitioner on bail during the pendency of the instant criminal
revision.
3. Learned counsel appearing for the petitioner submits that the
learned Railway Judicial Magistrate, Porahat, Chaibasa by judgement dated
22.12.2022 held the petitioner guilty under section 3(a) of R.P., (U.P) Act in
connection with R.P. Case No. 117 of 2008, T.R. No. 161 of 2022 arising out
of RPF Post Tata Nagar Case No. 30 of 2008 and further sentenced the
petitioner to undergo S.I. for two years and fine of Rs. 1,000/- and in default
of payment of fine he will further undergo S.I. for 30 days and it was further
ordered that the period undergone in custody shall be set off from the
sentence. He further submits that said judgment was challenged before the
learned Additional Sessions Judge-VI, East Singhbhum in Criminal Appeal
No. 36 of 2023 and by judgment dated 19.04.2025 the learned appellate
court has been pleased to dismiss the appeal and affirmed the judgment of
learned trial court.
4. Learned counsel for the petitioner submits that the petitioner was
in judicial custody since 20.10.2008 to 28.01.2009 and thereafter the
petitioner voluntarily surrendered on 19.06.2025 and since then he is in
judicial custody. He further submits that learned appellate court in para 10
of judgment has found that in cross-examination the witness admitted that
no official vehicle was used during the raid and no movement entry was
made in the RPF Post records and further he expressed ignorance about the
ownership of the premises but maintained it was within the railway yard. He
further submits that sentence is two years and the petitioner has remained in
custody for more than seven months.
5. Learned counsels for the Union of India and State oppose the
prayer and submits that the petitioner has not completed half of the
sentence.
6. Considering that the petitioner was in judicial custody since
20.10.2008 to 28.01.2009 and thereafter the petitioner voluntarily
surrendered on 19.06.2025 and since then he is in judicial custody. The
learned appellate court in para 10 of judgment has found that in cross-
examination the witness admitted that no official vehicle was used during the
raid and no movement entry was made in the RPF Post records and further
he expressed ignorance about the ownership of the premises but maintained
it was within the railway yard and this criminal revision petition is pending
and in the attending facts and circumstances of the case, during pendency of
this criminal revision petition, the petitioner above named, is directed to be
released on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand only)
with two sureties of the like amount each to the satisfaction of learned
Railway Judicial Magistrate, Porahat, Chaibasa in connection with R.P. Case
No. 117 of 2008, T.R. No. 161 of 2022 arising out of RPF Post Tata Nagar
Case No. 30 of 2008, subject to the condition that one of the bailor must be
own relative.
7. I.A. No.8103 of 2025 is allowed and disposed of.
8. Let it appear after six weeks under the appropriate heading.
( Sanjay Kumar Dwivedi, J.)
Dated. 13.10.2025
Satyarthi-
