The court ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.

ORDER :

SANJAY PRASAD, J.

I.A. No.11071 of 2024

This Criminal Revision No. 1110 of 2024 has been filed on behalf of the petitioner challenging the judgement dated 28.06.2024 passed in Criminal Appeal No. 53 of 2022 by Sri Ram Sharma, learned Sessions Judge, Dhanbad by which learned Sessions Judge, Dhanbad has dismissed the appeal preferred by the petitioner and affirmed the judgment of conviction and order of sentence dated 18.04.2022 passed by Sri Sanjay Kumar Singh No.-III, learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda P.S. Case no. 62 of 2017 corresponding to G. R. No. 762 of 2017 [T. R. No. 313 of 2022] by which the petitioner has been convicted for the offence under Section 354 (A) of Indian Penal Code and sentenced to undergo R.I. for a period of two (2) years.

2. I.A. No.11071 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of the Criminal Revision Application.

3. Heard learned counsel for the petitioner and learned State as well as learned counsel for the Opposite Party No.2.

4. Learned counsel for the petitioner has submitted that the impugned judgments and order passed by learned Court below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that earlier there was a dispute between the father of the informant and the petitioner with regard to the rent of rented house at Nagpur. It is submitted that even the wife of the petitioner had filed the application before Senior Superintendent of Police, Dhanbad with regard to the false implication of the petitioner, which were marked as X/2 to X/8 respectively. It is submitted that the petitioner is ready to settle the dispute with O.P. No.2 and both the sides are near relative and a Joint Compromise Petition by way of I.A. No.1551 of 2025 has been filed on behalf of the both the sides. It is submitted that the petitioner is in custody since 24.10.2024 and hence, the petitioner 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 also raised no objection and submitted that the case has been compromised between the petitioner and the O.P. No.2 and also admitted to have file Joint Compromise Petitioner vide I.A. No.1551 of 2025.

7. Heard learned counsel for both the sides and perused the Lower Court Records of this case.

8. It appears that the petitioner is in custody since 24.10.2024.

9. It further appears that both the parties are ready to settle the dispute with each other.

10. It also appears that the documents marked as X/2 to X/8 respectively were produced during his defence and the same were not considered by the learned Court below while convicting the petitioner.

11. It further reveals from the impugned judgment of the learned Trial Court that document marked as X/5 is the application sent to the Senior Superintendent of Police, Dhanbad by the local people in which it has been stated that PW-3 i.e. the mother of the informant has implicated all the people of Basti in false case.

12. Considering the facts and circumstances of this case and the fact that the petitioner is in custody since 24.10.2024, and both the sides have compromised the case, the petitioner namely Pawan Saw is directed to be released on bail on furnishing of bail bonds of Rs.10,000/- (Rs. Ten Thousands) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda P.S. Case no. 62 of 2017 corresponding to G.R. Case No. 762 of 2017, subject to condition that one of the bailors should be own relative of the petitioner.

13. Thus, I.A. No. 11071 of 2024 is allowed and disposed of.

Cr. Rev. No.1110 of 2024

14. Put up this case on 25^th September 2025 under the heading “For Admission”.

15. Let a copy of this order be sent to the learned Court below at once.