IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Vijendra Sharma – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. This Criminal Revision Application has been filed by the petitioner challenging the judgment dated 02.09.2024, passed by Shri Diwakar Pandey, learned Judicial Commissioner, Ranchi in Criminal Appeal No. 229 of 2024, by which the appeal preferred by the petitioner has been dismissed, thereby affirming the judgment of conviction and order of sentence dated 13.06.2024, passed by Shri Raj Kumar Pandey, J.M.F.C., Ranchi, in connection with Complaint Case No. 4794 of 2019, by which the petitioner has been convicted for the offence under Section 138 of N.I. Act. and sentenced to undergo S.I. for a period of one year and also to pay a fine of 15,00,000/- to the Complainant by way of compensation in terms of Section 357(3) of Cr.P.C.
I.A. No. 12035 of 2024
2. The instant Interlocutory Application has been filed on behalf of the petitioner for grant of bail during pendency of this Criminal Revision Application.
3. Learned counsel for the petitioner has submitted that the impugned judgments and sentence passed by the learned Courts below are illegal and not sustainable in the eye of law. It is submitted that the petitioner has paid approximately a sum of Rs. 5,00,00
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 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 emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
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.
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.
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.
Provisional bail can be granted during the pendency of a revision application when the accused is willing to settle the dispute and has been in custody for an extended period.
Provisional bail granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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