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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Shailendra Kumar Jaiswal, S/o Bhim Prasad Jaiswal – Appellant
Versus
State of Jharkhand – Respondent
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, 1st 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 l
Provisional bail granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.
Provisional bail can be granted during the pendency of a criminal revision when the petitioner expresses willingness to settle the dispute and meets specified conditions.
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
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 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 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 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 ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
Public servants are held to higher standards of trust; misappropriation of funds invokes strict legal consequences under Section 409 IPC, emphasizing accountability and integrity.
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