IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Niranjan Rajwar @ Niraj Kumar Manjhi – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
This Criminal Revision Application has been filed by the petitioner challenging the judgment dated 29.08.2023, passed by Shri S.N. Tiwari, learned Addl. Sessions Judge-I, Madhupur at Deoghar, in Criminal Appeal No. 06 of 2023, by which the appeal preferred by the petitioner has been dismissed, thereby affirming the judgment of conviction and order of sentence dated 25.01.2023, passed by Shri Arun Kumar Dubey, Judicial Magistrate, Ist Class, Madhupur, in G.R. Case No. 275/2010, T.R. No.32/2023, by which the petitioner has been convicted for the offence under Section 323, 325/34 of the I.P.C. and sentenced to undergo S.I. for one year and also to pay the fine of Rs.1,000/- to be paid as compensation to the Complaintant-O.P. No.2.
I.A. No. 7482 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, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner has surrendered on 22.07.2024, i.
The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.
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 ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
The court emphasized the significance of custody duration in bail considerations, allowing the petitioner bail after eight months of incarceration.
The court granted bail in a matrimonial dispute case after considering the total custody period, despite a concurrent finding of guilt under Section 498-A.
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.
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.
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 granted bail to the petitioner considering the lengthy custody and absence of the complainant, emphasizing the need for the complainant's presence in court.
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