Provisional bail can be granted during the pendency of a revision application when the accused is willing to settle the dispute and has been in custody for an extended period.

ORDER :

SANJAY PRASAD, J.

I.A. No.1539/2025

This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgement dated 09.12.2024 passed in Criminal Appeal No.267 of 2024 by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi by which the appeal filed on behalf for the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 12.07.2024 passed in Complaint Case No.1702 of 2023 by Sri Raj Kumar Pandey, the J.M. 1st Class-XXIV by which the petitioner has been convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 and sentenced to undergo Simple Imprisonment for one year and to pay the fine of Rs.12,00,000/- (Rs. Twelve Lakhs) as the compensation under Section 373(3) of Cr.P.C .

2. I.A. No.1539 of 2025 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the Criminal Revision Application.

3. Learned counsel for the petitioner has submitted that the impugned judgments and sentence passed by learned Court below are illegal and not sustainable in the eye of law. It is submitted that that the petitioner has already deposited Rs.2,40,000/- (Rs.Two Lakh Forty Thousand) i.e. the 20 percent of the compensation amount before the learned Judicial Commissioner, Ranchi vide D.D. No.562 dated 05.10.2024 (Rs.1,00,000/-), D.D. No.544 dated 29.11.2024 (Rs.1,00,000), D.D. No.548 dated 06.12.2024 (Rs.40,000).

4. It is submitted that the petitioner was arrested on 24.01.2025 since then she is in custody. It is further submitted that she is ready to settle the dispute with Opposite Party No.2.

5. On the other hand, learned Opposite Party No.2 has opposed the prayer for bail.

6. However, learned counsel for the Opposite Party No.2 has submitted that he is ready to compromise with the petitioner and also some amount should be paid to him.

7. Having heard both the sides and going through the records of this case it appears to be a case of a friendly loan and the petitioner is ready to settle the dispute with the O.P. No.2 and she is in custody since 24.01.2025.

8. Considering the facts and submissions of this case the petitioner namely Soni Devi is directed to be released on Provisional Bail for a period of six months, on furnishing bail bonds of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each, to the satisfaction of Sri Raj Kumar Pandey, Judicial Magistrate, 1st Class-XXIV Ranchi/ or his Successor Court in connection with Complaint Case No.1702 of 2023.

9. Thus, I.A. No.1539 of 2025 is allowed and stands disposed of.

10. The Office of Judicial Commissioner, Ranchi is directed to refund Rs.2,40,000/- (Rs. Two Lakh Forty Thousand) to the Opposite Party No.2 within 10 days from receipt of copy of this order which shall be adjusted at the time of final hearing of the case and also subject to the compromise, if any.

11. Let a copy of this order be sent to the learned Court below at once for the needful and Judicial Commissioner, Ranchi who may also be careful in the disbursement of the Rs.2,40,000/- (Rs.Two Lakh Forty Thousand) to the Opposite Party No.2.

12. Call for the legible scanned copy of the Lower Court Record.

13. Put up this case on 17th April 2025.

14. In the meantime, both the parties are directed to appear before the learned Member Secretary, JHALSA on 11.03.2025 at 11.30.A.M.

15. Learned Member Secretary, JHALSA shall appoint a Mediator to amicably settle the dispute between both the sides and th shall submit the report to this Court on or before 15 April 2025.