Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Rashid Yusuf, Son of Abdul Yusuf – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No.13086 of 2024
It appears from the Office Note dated 03.03.2025 that notice has been received by Opposite Party No.2 himself. However, when the case is called out, none appears on behalf of the Opposite Party No.2.
2. This Criminal Revision Application No.52 of 2025 has been filed on behalf of the petitioner challenging the judgment dated 09.10.2024 passed in Criminal Appeal No.39 of 2023 by Mrs. Neerja Ashri, learned Additional Sessions Judge-II, Lohardaga by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 17.05.2023 passed by Ms. Puja Kumari Lal, learned Judicial Magistrate 1st Class, Lohardaga in Complaint Case No.207 of 2019 by which the petitioner has been convicted for the offence under Section 138 of N.I. Act and sentenced to undergo R.I. for two years and pay the compensation of Rs.1,60,000/- (One Lakh Sixty thousand) under Section 357(3) of Cr.P.C.
3. I.A. No.13086 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of this Criminal Revision Application.
4. Heard learned counsel for the petitioner and learned A.P.P.
5
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 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 grants bail to the petitioner during the pendency of a criminal revision due to lack of serious allegations and confinement factors.
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.
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
The court emphasizes the importance of a claimant's conduct in relation to loan agreements and considers custody duration in granting bail under the Negotiable Instruments Act.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
