Jharkhand High Court
Sunil Sardar Aged About 52 Years Son Of ... vs The State Of Jharkhand ....... ...... ... on 23 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr. Revision No. 856 of 2025
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Sunil Sardar aged about 52 years son of Late Magan Sardar, resident of
Village Khapparsai, PO Chaibasa, PS Chaibasa Muffasil, District West
Singhbhum, Jharkhand ...... .... .... Petitioner(s)
-- Versus --
The State of Jharkhand ....... ...... .... Opp.Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) :- Ms Saman Ahmad, Advocate
For the State :- Mr. Rakesh Kumar Sinha, Advocate
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4/23.09.2025 I.A. No.10472 of 2025 has been filed for condonation of delay of 327
days occurred in filing the instant criminal revision petition.
2. Learned counsel appearing on behalf of the petitioner submits that such
delay has occurred as the petitioner has not been able to engage any lawyer
and lastly the matter has come to the Jharkhand High Court Legal Services
Committee and the Jharkhand High Court Legal Services Committee has
appointed her and thereafter the present criminal revision petition has been
filed. She further submits that in view of that, such delay has occurred.
3. Learned counsel appearing on behalf of the respondent State has got no
serious objection if the said delay is condoned.
4. For the reasons assigned in the petition and further considering the
submission made by the learned counsel for the petitioner, appointed by the
Jharkhand High Court Legal Services Committee, the Court finds that sufficient
grounds have been made out for condonation of such delay.
5. Accordingly, the delay of 327 days occurred in filing the instant criminal
revision petition is, hereby, condoned.
6. I.A. No.10472 of 2025 filed for condonation of delay of 327 days
occurred in filing the instant criminal revision petition is, hereby, allowed and
disposed of.
7. Learned counsel appearing on behalf of the petitioner further submits
that learned Additional Chief Judicial Magistrate, Chaibasa in G.R. Case No.629
--1-- Cr. Revision No. 856 of 2025
of 2017, corresponding to Mufassil P.S. Case No.136 of 2017 has been pleased
to convict the petitioner under section 411/34 of the IPC and sentenced for R.I.
for 2 years and fine of Rs.5,000/- and in default of fine, further undergo SI for
one month by the judgment dated 19.12.2023. She then submits that against
the said judgment, the petitioner has preferred Appeal being Cr. Appeal No.5 of
2024 and learned Sessions Judge has been pleased to set-aside the conviction
under section 411 /34 of the IPC and convicted the petitioner to undergo
charge under section 379 /34 of the IPC and awarded sentence to undergo RI
for one year and to pay fine of Rs.30,000/- and in default of payment of fine,
further SI for one month. In the aforesaid background, she then submits that
the petitioner has already remained in custody for more than one year and that
has been disclosed in paragraph no.7 and 8 of the I.A. petition.
8. Learned counsel appearing on behalf of the respondent State also
accepts the said submission so far as custody period of petitioner is concerned.
9. Considering that the petitioner has already undergone custody for more
than the sentence awarded by the learned Sessions Judge, and in that view of
the matter, the petitioner, above named, is hereby, directed to be released on
bail forthwith, on such terms and conditions as learned court may deem fit and
proper, to the satisfaction of Additional Chief Judicial Magistrate, Chaibasa in
connection with G.R. Case No.629 of 2017, corresponding to Mufassil P.S. Case
No.136 of 2017.
10. If the petitioner will not be able to furnish proper sureties, then the
petitioner will be released on his personal bond.
11. Let this order be communicated to the learned court concerned in course
of the day by the Registry of this Court.
12. I.A. 12662 of 2025 filed for grant of bail is allowed and disposed of.
13. Call for the Trial Court Records.
( Sanjay Kumar Dwivedi, J.)
Dated :23rd Sept., 2025
SI/
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