SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE PRASANNA B. VARALE
RAVI SHANKAR PRASAD – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
501772025
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2026 (@ SLP(Crl.) No. of 2026)
(@ D. No. 50177/2025)
RAVI SHANKAR PRASAD APPELLANT(S)
VERSUS THE STATE OF JHARKHAND & ANR. RESPONDENT(S)
ORDER
1. Heard.
2. Delay condoned.
3. Leave granted.
4. Against an order dated 22.07.2025 passed in I.A. No.13057 of 2024 filed under Rule 159 of Jharkhand High Court Rules, 2001 for seeking exemption from surrendering before the Trial Court. Having been rejected, the appellant/accused is before this Court.
LOKESH ARORA D 1 R 9 a e : t a 2 e s 9 : o : 2 0 n 0 9 : 2 I 6 S . T 01.12 D. No. 50177/2025 1
5. The appellant who was tried for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, was unsuccessful before the Trial Court and the Appellate Court. Subsequently, a Revision Petition/Application has been filed and whereunder an Interlocutory Application came to be filed for suspension of sentence. However, the learned Revisional Court, by the impugned order, had directed the appellant to surrender before the learned Trial Court within two weeks, though he has deposited Rs.3,00,000/-(Rupees three lakhs).
6. Having heard Mr. Venugopala Gowda A N, learned senior counsel appearing for the appellant and taking note of the fact that the appellant has already deposited a sum of Rs.3,00,000/-(Rupees three lakhs) on 24.03.2025, at the time of filing of the Revision Petition/Application, we are of the considered view that the prayer for grant of exemption from surrendering requires to be granted, particularly, in the background of the Trial Court having convicted the appellant for a period of six months with a default sentence of three months.
7. Hence, without issuing notice to the respondents as no prejudice would be caused, since the Revision Petition/Application is still pending before the jurisdictional High Court, this appeal stands disposed of conditionally by directing the appellant herein to deposit further sum of Rs. 2,00,000/-(Rupees two lakhs) before the Trial Court within four weeks from today.
8. Accordingly, the appeal stands disposed of and appellant is exempted from surrendering subject to the appellant cooperating with the Revisional Court in expeditious disposal of the proceedings and also depositing Rs. 2,00,000/- (Rupees two lakhs) within four (4) weeks from today.
9. Pending application(s), if any, shall stand disposed of.
…………………………………………………...J.
[ARAVIND KUMAR]
…………………………………………………...J.
[PRASANNA B. VARALE]
NEW DELHI;
JANUARY 07, 2026.
ITEM NO.13 COURT NO.15 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.
50177/2025 [Arising out of impugned final judgment and order dated 22-07-2025 in IA No. 13057/2024 passed by the High Court of Jharkhand at Ranchi]
RAVI SHANKAR PRASAD Petitioner(s)
VERSUS THE STATE OF JHARKHAND & ANR. Respondent(s)
(FOR ADMISSION and I.R.
IA No. 338601/2025 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 338600/2025 - EXEMPTION FROM FILING O.T.)
Date : 07-01-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) Mr. Venugopala Gowda AN, Sr.Adv.
Mr. Pawan Kumar, Adv.
Ms. Merlyn Rachel J, AOR Mr. Parshuram Paswan, Adv.
Ms. Harshita Nigam, Adv.
Mr. Sandeep Mehta, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The Criminal Appeal stands disposed of in terms of the signed order which is placed on the file.
3. The operative portion of the order is, inter alia, held as under:
“8. Accordingly, the appeal stands disposed of and appellant is exempted from surrendering subject to the appellant cooperating with the Revisional Court in expeditious disposal of the proceedings and also depositing Rs. 2,00,000/-(Rupees two lakhs) within four (4) weeks from today.”
4. Pending application(s), if any, shall stand disposed of.
(LOKESH ARORA) (AVGV RAMU)
SENIOR PERSONAL ASSI
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