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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad
Officer Hansda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I. A. No. 6400 of 2024
Heard learned counsel for the petitioner and learned counsel for the State. None appears on behalf of the opposite party no. 2, although, Mr. Chandan Kumar, Advocate had been appointed as Amicus Curiae in this case to appear on behalf of the opposite party no. 2. Earlier also Mr. Chandan has not appeared 12.08.2024, 04.09.2024 and 11.12.2024 respectively as it reveals from the order sheet of the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court, the Co-ordinate Bench (Justice Ratnaker Bhengra, as then His Lordship was) and the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court.
2. The present Criminal Revision has been filed by the petitioner challenging the judgment dated 12.12.2022 passed in Criminal Appeal No. 21 of 2022 by Sri Anil Kumar Mishra, learned Sessions Judge, Dumka by which learned Sessions Judge, Dumka has dismissed the Criminal Appeal No. 21 of 2022 by affirming the judgment of conviction and order of sentence dated 30.05.2022 passed by Sri. Sarthak Sharma, Judicial Magistrate, 1st Class, Dumka in connection with Masalia P. S. Case No. 49 of 2016 corresponding to G. R. No. 1
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 granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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.
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 condoned a 588-day delay in filing a Criminal Revision under the Limitation Act due to the petitioner's custody and financial constraints, emphasizing leniency in such circumstances.
Mediation is encouraged in matrimonial disputes, with courts considering custody time and readiness to settle when evaluating bail applications.
The court condoned a significant delay in filing a revision application and granted bail based on the petitioner's lengthy custody and the circumstances of the case.
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 grants bail to the petitioner during the pendency of a criminal revision due to lack of serious allegations and confinement factors.
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