IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Rakesh Kumar Gupta, son of Shri Nandu Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No.2344 of 2025
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 18.05.2024 passed by Sri Shailendra Kumar, learned Additional Judicial Commissioner-V, Ranchi in Cr. Appeal No.31 of 2023 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 20.12.2022 passed by Shri Digvijay Nath Shukla, learned Judicial Magistrate, Ist Class-XXVIII, Ranchi in connection with Complaint Case No.2583 of 2018 (T.R. No.475 of 2022) 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 one year and to pay compensation of Rs.6,60,000/-.
2. I.A. No.2344 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail to the petitioner, during pendency of the present Criminal Revision Application.
3. Heard Mr. Ravi Prakash, learned counsel for the petitioner and Mr. Sardhu Mahto, learned APP for the State.
4. Learned counsel for the petitioner submitted that the impugned judgments and sentence passed by the learned Courts below are illegal,
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 emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
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.
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.
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 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 condoned the delay in filing a Criminal Revision Application and granted bail to the petitioner, emphasizing the need for conditions to prevent further criminal conduct.
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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