RANCHI, India, Jan. 14 -- Jharkhand High Court issued the following order on Dec. 15:
1. Learned counsel appearing for the petitioners submits that the petitioners have been sentenced by the judgment dated 22.8.2024 passed by learned C.J.M., Garhwa in connection with G.R. Case No.2089 of 2017 arising out of Garhwa P.S. Case No.399 of 2017 whereby the petitioner have been convicted under section 411 of the IPC and sentenced to RI for Two years with Fine of Rs.5000/- each and in default of payment of fine, to under go SI for two months each. He further submits that the petitioner has challenged the same before the learned Sessions Judge, Garhwa in Cr. Appeal No.41 of 2024 and the learned Sessions Judge, Garhwa and he has been pleased to dismiss the appeal and upheld the aforesaid judgment of the learned C.J.M., Garhwa by judgment dated 02.01.2025.
2. He further submits that after the judgment in the criminal appeal the petitioner has surrendered before the learned court on 01.09.2025. He then submits that I.A. No.12562 of 2025 has been filed for grant of bail to the petitioners. He next submits that the petitioners are poor labourers and they have surrendered before the learned court on 01.09.2025 and since then they are in custody. He next submits that during the trial the petitioners have also remained in custody for 43 days. He next submits that they have remained in custody for about 5 months. He then submits that under section 313 Cr.PC no question has been put upon the petitioners to the effect that the petitioners have kept the property with malafide intention and dishonesty and nothing to the stolen property. He next submits that the petitioners may kindly be released 2 Cr. Revision No. 919 of 2025 on bail, during pendency of the instant revision petition.
3. Learned counsel appearing on behalf of the respondent State opposes the prayer and submits that concurrent findings of two learned courts are there and the petitioners have not completed half of the sentence and in view of that, the prayer for bail of the petitioners may kindly be rejected.
4. Considering that the petitioners have remained in custody for about 5 months and the sentence is of two years and it has been pointed out that the petitioner are labourers and they earn their livelihood by doing labour work and this criminal revision petition is of the year 2025 and there is no likelihood of this criminal revision being taken up recently and light of the Hon'ble Supreme Court judgment in the case of Bhagwan Ram Shinde v. State of Gujarat reported in (1999) 4 SCC 421 and further in light of the judgment rendered in the case of Satender Kumar Antil v. Central Bureau of Investigation and Another, reported in (2022) 10 SCC 51 wherein at paragraph no.57 it has been held that:
57. Thus, we hold that the delay in taking up the main appeal or revision coupled with the benefit conferred under Section 436-A of the Code among other factors ought to be considered for a favourable release on bail.
5. In view of above, this Court is inclined to grant regular bail to the petitioners, above named, and accordingly, the instant I.A. filed for grant of bail, is allowed, and hence, the petitioners above named are hereby directed to be released on bail, during pendency of this Criminal Revision petition, on furnishing of bail bond of Rs.25,000/- (Twenty Five Thousand) only each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Garhwa, in connection with G.R.Case No.2089 of 2017 arising out of Garhwa P.S. Case No.399 of 2017 with further condition that one of the bailors must be a close relative of the petitioners.
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