IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad, J
Sandeep Kispotta @ Sandeep Kispostta – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. This Criminal Revision Application has been filed by the petitioner challenging the judgment dated 19th August, 2024, passed by Shri Shailendra Kumar, learned Additional Judicial Commissioner-V, Ranchi, in Criminal Appeal No. 190 of 2023, by which the appeal preferred by the petitioner has been dismissed, thereby affirming the judgment of conviction and order of sentence dated 30th August, 2023, passed by Ms. Sonali Singh, J.M.F.C.-XVIII, Ranchi, in G.R. Case No.3280 of 2015 ( arising out of P.S. Case No. 254 of 2015), by which the petitioner has been convicted for the offence under Section 420 of IPC and sentenced to undergo S.I. for Two (02) years and also to pay the fine of Rs. 2000/-.
I.A. No. 12658 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 Informant has falsely implicated the petitioner in this case. It is submitted that the P.W.
The conviction under Section 420 IPC was deemed erroneous as the actual landlord received the full consideration, establishing the petitioner's innocence.
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 ruled that willingness to compromise and time served in custody are valid grounds for granting bail in criminal proceedings.
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.
Public servants are held to higher standards of trust; misappropriation of funds invokes strict legal consequences under Section 409 IPC, emphasizing accountability and integrity.
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 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 granted bail considering the petitioner's prolonged custody and the nature of matrimonial disputes, emphasizing the importance of these factors in bail decisions.
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