Provisional bail granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.

JUDGMENT :

(SANJAY PRASAD, J.)

I. A. No. 1506 of 2025

The present Criminal Revision has been filed challenging the judgment dated 02.08.2024 passed in Criminal Appeal No. 144 of 2022 by Sri Durgesh C. Awasthi, learned Additional Sessions Judge-XVI, Dhanbad by which learned Additional Sessions Judge-XVI, Dhanbad has dismissed the Criminal Appeal No. 144 of 2022 by affirming the judgment of conviction and order of sentence dated 18.11.2022 passed by Shri Suresh Oraon, Judicial Magistrate, 1^st Class, Dhanbad in connection with Complaint Case No. 3728 of 2018 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 a period of nine (9) months and further directed to pay Rs. 3,00,000/- to the complainant as compensation.

2. The instant I.A. No. 1506 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail during pendency of the present Criminal Revision.

3. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2.

4. It is submitted by the learned counsel for the petitioner that judgements and order passed by the learned Court below are illegal and arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is ready to settle the dispute with the opposite party no. 2 and for the present he is ready to deposit Demand Draft of Rs. 50,000/- in the name of opposite party no. 2. It is submitted that the petitioner is in custody since 21.01.2025 and as such, he may be enlarged on bail.

5. No objection raised by the learned counsel for the State.

6. Learned counsel for the opposite party no. 2 has also raised objection.

7. Considering the facts and in the circumstances of the case, during pendency of this Criminal Revision, the petitioner namely Shailendra Kumar Jaiswal is directed to be released on provisional bail for a period of six (6) months from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Suresh Oraon, Judicial Magistrate, 1^st Class, Dhanbad/or his Successor Court in connection with Complaint Case No. 3728 of 2018 subject to condition that the petitioner will deposit Demand Draft of Rs. 50,000/- in the name of opposite party no. 2 at the time of furnishing the bail bonds, which may be handed over to the opposite party no. 2 by the learned Court below.

8. Thus, I.A. No. 1506 of 2025 is allowed and stands disposed of.

9. I.A. No. 11417 of 2024 exemption for surrender is dismissed as having been infructuous in view of the arresting of the petitioner.

10. Let a copy of this order be sent to the learned Court below.

Cr. Revision No. 148 of 2025

11. Call for the scanned copy of the Lower Court Records.

12. Put up this case on 27.03.2025.