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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad
Ram Binod Prasad Sinha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No. 1324 of 2025
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 25.11.2024 passed by Sri Shailendra Kumar, learned Additional Judicial Commissioner-V, Ranchi, in Cr. Appeal No.23 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed, thereby affirming the judgment of conviction and order of sentence dated 17.06.2023 passed by Sri Mithilesh Kumar Singh, learned Chief Judicial Magistrate, Ranchi, in G.R. No. 1445 of 2011 corresponding to Kotwali P.S. Case No. 242 of 2011, by which the petitioner has been convicted for the offence under Section 409 of the INDIAN PENAL CODE and sentenced to undergo R.I for seven years and to pay the fine of rupees one crore and in default of payment of fine, he is further sentenced to undergo simple imprisonment for six months.
2. This interlocutory application 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. Pandey Neeraj Rai, learned counsel for the petitioner and Mrs. Nehala Sharmin, learned Spl.
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 during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
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 ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
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 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 conviction under Section 420 IPC was deemed erroneous as the actual landlord received the full consideration, establishing the petitioner's innocence.
The court condoned the delay in filing a Criminal Revision Application and granted bail to the petitioner, emphasizing the need for conditions to prevent further criminal conduct.
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