BIRENDRA GOSWAMI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel appearing for the petitioners submits that the petitioners have been sentenced by the judgment dtd. 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 Sec. 411 of the IPC and sentenced to RI for Two years with Fine of Rs.5000.00 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 dtd. 2/1/2025.

(2.) He further submits that after the judgment in the criminal appeal the petitioner has surrendered before the learned court on 1/9/2025. 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 1/9/2025 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 Sec. 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 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.