IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad, J
Manoj Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No. 92 of 2025
1. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 05.03.2024, passed by Sri Anand Mani Tripathi, the learned Additional Sessions Judge-IV, Jamshedpur, in Criminal Appeal No. 139 of 2022 dismissing the appeal by affirming the judgment of conviction and order of sentence dated 04.08.2022, passed by Sri Vikash Kumar Bhagat, learned Judicial Magistrate, 1st Class, Jamshedpur, in G.R. Case No.2694 of 2013, arising out of Telco P.S. Case No. 317 of 2013, by which the petitioner has been convicted for the offence under Section 498-A of I.P.C. and sentenced to undergo S.I. for One years and to pay the fine of Rs.5,000/-.
2. The instant Interlocutory Application has been filed on behalf of the petitioner under Section 438 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 for grant of bail during the pendency of this Criminal Revision Application.
3. Heard Mr. A.K. Kashyap, learned Senior Counsel appearing for the petitioner, Mrs. Vandana Bharti, learned A.P.P. for the State and Mr. Vikash Kumar, learned counsel for O.P. No.2.
4. Learned counsel for the petitioner has submitted that after
The court granted bail in a matrimonial dispute case after considering the total custody period, despite a concurrent finding of guilt under Section 498-A.
Matrimonial disputes invoking IPC Sections 498(A) and 494 require careful consideration of evidence and circumstances for bail applications.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
Mediation is encouraged in matrimonial disputes, with courts considering custody time and readiness to settle when evaluating bail applications.
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 emphasizes the importance of mediation in matrimonial disputes and grants provisional bail based on the parties' willingness to settle.
The court granted bail considering the petitioner's prolonged custody and the nature of matrimonial disputes, emphasizing the importance of these factors in bail decisions.
The court granted bail to the petitioner considering the lengthy custody and absence of the complainant, emphasizing the need for the complainant's presence in court.
The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
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