IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J
Shailendra Kumar Jaiswal, S/o Bhim Prasad Jaiswal - Appellant
Vs.
The State Of Jharkhand - Respondent
Cr.Rev. 125 Of 2025
Decided On : 27-02-2025
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Revision filed against dismissal of Criminal Appeal affirming conviction under Section 138 and order of sentence - Petitioner convicted and sentenced to seven months imprisonment and directed to pay compensation of Rs. 1,10,000/- to complainant. (Paras 1-8)
(B) Provisional Bail - Petitioner applied for suspension of sentence and bail during the pendency of the Criminal Revision - Court granted provisional bail for six months on specific conditions regarding deposit of compensation. (Paras 4-7)
Facts of the case:
The petitioner was convicted for dishonor of a cheque under Section 138 of the N.I. Act and sentenced to seven months imprisonment while also being ordered to pay Rs. 1,10,000/- as compensation to the complainant. The petitioner sought provisional bail, claiming readiness to settle the dispute.
Findings of Court:
The court allowed the I.A. for provisional bail, subject to conditions including the deposit of Rs. 25,000/- as part of settlement.
Issues: The primary issues were the legality of the lower court's judgment and the petitioner's request for provisional bail.
Ratio Decidendi: The court found merit in granting provisional bail considering the circumstances and the petitioner's willingness to settle.
Result: I.A. No. 1507 of 2025 is allowed and disposed of.
JUDGMENT :
SANJAY PRASAD, J.
I. A. No. 1507 of 2025
The present Criminal Revision has been filed challenging the judgment dated 30.08.2024 passed in Criminal Appeal No. 148 of 2022 by Sri Anjanee Anuj, learned Additional Sessions Judge-XII, Dhanbad by which learned Additional Sessions Judge-XII, Dhanbad has dismissed the Criminal Appeal No. 148 of 2022 by affirming the judgment of conviction and order of sentence dated 29.11.2022 passed by st Shri Suresh Oraon, Judicial Magistrate, 1 Class, Dhanbad in connection with Complaint Case No. 22 of 2019 by which the petitioner has been convicted for the offence under Section 138 of the N. I. Act and sentenced to undergo S.I. for a period of seven (7) months and further directed to pay Rs. 1,10,000/- to the complainant as compensation.
2. The instant I.A. No. 1507 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail during pendency of the present Criminal Revision.
3. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2.
4. It is submitted by the learned counsel for the petitioner that judgements and order passed by the learned Court below are illegal and arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is ready to settle the dispute with the opposite party no. 2 and for the present he is ready to deposit Demand Draft of Rs. 25,000/- in the name of opposite party no. 2. It is submitted that the petitioner is in custody since 24.01.2025 and as such, he may be enlarged on bail.
5. No objection raised by the learned counsel for the State. 6. Learned counsel for the opposite party no. 2 has also raised objection.
7. Considering the facts and in the circumstances of the case, during pendency of this Criminal Revision, the petitioner namely Shailendra Kumar Jaiswal is directed to be released on provisional bail for a period of six (6) months from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of st Shri Suresh Oraon, Judicial Magistrate, 1 Class, Dhanbad/or his Successor Court in connection with Complaint Case No. 22 of 2019 subject to condition that the petitioner will deposit Demand Draft of Rs. 25,000/- in the name of opposite party no. 2 at the time of furnishing the bail bonds, which may be handed over to the opposite party no. 2 by the learned Court below.
8. Thus, I.A. No. 1507 of 2025 is allowed and stands disposed of.
9. Let a copy of this order be sent to the learned Court below.
10. Call for the scanned copy of the Lower Court Records.
11. Put up this case on 27.03.2025.
Provisional bail can be granted during the pendency of a criminal revision when the petitioner expresses willingness to settle the dispute and meets specified conditions.
Provisional bail granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
Provisional bail can be granted with conditions, especially in cases involving cheque dishonour under Section 138, while ensuring the interests of both parties are protected.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
Provisional bail can be granted where the accused has been in custody for an extended period, especially in cases involving personal relationships and absence of the complainant, balancing personal l....
Public servants are held to higher standards of trust; misappropriation of funds invokes strict legal consequences under Section 409 IPC, emphasizing accountability and integrity.
The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
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