IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Pawan Saw Son Of Late Narayan Saw – Appellant
Versus
State Of Jharkhand – Respondent
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
The court ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.
The conviction under Section 420 IPC was deemed erroneous as the actual landlord received the full consideration, establishing the petitioner's innocence.
The court granted provisional bail to the petitioner based on the circumstances of the case and custody status, requiring a deposit of Rs. 1,00,000/- as a condition.
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.
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 granted bail considering the petitioner's prolonged custody and the nature of matrimonial disputes, emphasizing the importance of these factors in bail decisions.
The court finds that considerations of custody duration and criminal history are pivotal in granting bail under the R.P. (U.P.) Act, balancing rights of the accused against law enforcement needs.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
Court considerations for bail include the duration of custody and the gravity of allegations, emphasizing that prolonged detention can warrant bail even in serious cases.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
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