IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Chhitaranjan Prasad Gupta – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 16.02.2023 passed by Sri Braj Kishore Pandey-II, learned Additional District and Sessions Judge-VII, Hazaribag in Cr. Appeal No.15 of 2018 by which the appeal filed on behalf of the appellant has been dismissed thereby affirming the judgment of conviction and order of sentence dated 14.12.2017 passed by Sri Pradeep Kumar, learned Judicial Magistrate, Ist Class, Hazaribagh in Complaint No.0196 of 2013 (T.R. Case No.3651 of 2017) 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 three months and to pay compensation of Rs.1,30,000/- under Section 357(3) of Cr.P.C.
2. I.A. No.2010 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
3. Heard Mr. Nagmani Tiwari, learned counsel for the petitioner and Mr. Manoj Kumar Mishra, learned APP for the State. However, none appears for the O.P. No.2 or her heir as it was found from the undelivered registered cover
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
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.
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 granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.
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.
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....
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
Public servants are held to higher standards of trust; misappropriation of funds invokes strict legal consequences under Section 409 IPC, emphasizing accountability and integrity.
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