IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Ravi Ray, Son of Late Devendra Kumar Verma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No.7879 of 2024
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 29.05.2023 passed in Criminal Appeal No.88 of 2022 by Sri Kalpana Hazarika, learned Additional Sessions Judge-VI, West Singhbhum at Chaibasa by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgement of conviction order of sentence dated 08.09.2022 passed by Sri Milan Kumar, learned Sub-divisional Judicial Magistrate, Civil Court, Chaibasa in G.R. Case No.332 of 2007 T.R. Case No.12 of 2022 arising out of C/1 Case No.29 of 2007 by which the petitioner has been convicted for the offences under Section 420 and 465 of IPC and sentenced to undergo S.I. for three years and S.I. for two years respectively and to pay a fine of Rs. 5000/-.
2. I.A. No. 7879 of 2024 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
3. Learned counsel for the petitioner submitted that the impugned judgments and sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is s
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 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.
The conviction under Section 420 IPC was deemed erroneous as the actual landlord received the full consideration, establishing the petitioner's innocence.
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....
Public servants are held to higher standards of trust; misappropriation of funds invokes strict legal consequences under Section 409 IPC, emphasizing accountability and integrity.
The court ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court finds that considerations of custody duration and criminal history are pivotal in granting bail under the R.P. (U.P.) Act, balancing rights of the accused against law enforcement needs.
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.
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