The court ruled that in bail applications, the period of custody and willingness to settle disputes are significant factors for consideration.

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.e. for around Six (06) months out of the S.I. of one year, and he is also ready to settle the dispute with the O.P. No.2 and hence, he may be enlarged on bail.

4. On the other hand, learned A.P.P. appearing for the State has opposed the prayer for bail.

5. Learned counsel for the O.P. No.2 has also opposed the prayer for bail, however it is further submitted that the injured-O.P. No.2 may be compensated properly by the petitioner.

6. Having heard learned counsel for both the sides and considering the facts of the case, it appears that this is a case of assault upon an old aged lady, due to which her hand was fractured.

7. However, taking into consideration the period of custody of the petitioner and on the facts and in the circumstances of this case, the petitioner, namely Niranjan Rajwar @ Niraj Kumar Manjhi is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Shri Arun Kumar Dubey, learned Judicial Magistrate, Ist Class, Madhupur or his Successor Court in connection with G.R. Case No. 275 of 2010/T.R. Case No. 32 of 2023, subject to deposit of Rs.20,000/- (Rupees Twenty thousand only) by the petitioner to be paid as compensation to the O.P.No.2 at the time of furnishing bail bonds.

8. Thus, this I.A. No. 7482 of 2024 is allowed and stands disposed of.

Criminal Revision No. 152 of 2024

9. It will be open to the parties to take steps for conciliation.

10. Under the circumstances, both the petitioner and the O.P. No. 2 are directed to remain present before the D.L.S.A., Madhupur on 12^th March, 2025. The Secretary, D.L.S.A., Madhupur shall appoint a Mediator for amicable settlement of dispute between both sides and shall submit the report before this Court on or before 17th March, 2025.

11. Put up this case on 20^th March, 2025.

12. Let a copy of this Order be sent by Fax to the Secretary, D.L.S.A., Madhupur/Secretary, D.L.S.A., Deoghar.