IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad
Timal Jaiswal @ Amit Jaiswal @ Timbal Jayaswal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. (Cr.) No. 13095 of 2024
The present Criminal Revision No. 1230 of 2024 has been filed on behalf of the petitioner challenging the judgment dated 13.09.2024 passed in Criminal Appeal No. 126 of 2022 bySri Anand Mani Tripathi, the learned Additional Sessions JudgeIV, Jamshedpur whereby learned Additional Sessions Judge IV, Jamshedpur has dismissed the Criminal Appeal No. 126 of 2022 and affirmed the judgment of conviction and order of sentence dated 28.07.2022 passed by Sri Amikar Parwar, Railway Judicial Magistrate, Porahat, Chaibasa in connection with C/7 Case Number 929 of 2005 corresponding to T. R. No. 13 of 2021 by which the petitioner has been convicted for the offence under Section 3 (a) of R. P. (U.P.) Act and sentenced to undergo S. I. for a period of two (2) years and to pay the fine of Rs. 2,000/- for the offence under Section 3 (a) of R. P. (U.P.) Act.
2. I.A. (Cr.) No. 13095 of 2024 has been filed on behalf of the petitioner for grant of bail, during pendency of this Criminal Revision Application.
3. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the Union of India.
4. It is submitted by t
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 granted bail to the petitioner under specific conditions, emphasizing the need to prevent future offenses while acknowledging the petitioner's custody status.
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.
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.
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 affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
Court considerations for bail include the duration of custody and the gravity of allegations, emphasizing that prolonged detention can warrant bail even in serious cases.
The court ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.
The court emphasized that the duration of custody is a significant factor in considering bail applications.
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