Vikash Kumar vs The State Of Jharkhand
2021 Latest Caselaw 4563 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.306 of 2020
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Vikash Kumar                                .... .... Petitioner
                              Versus
1. The State of Jharkhand

2. Dinesh Prasad Keshri @ Dinesh Prasad Kesari .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Hemant Kr. Shikarwar, Adv. For the State : Mr. Snehlika Bhagat, A.P.P.

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nd 08/Dated: 02 December, 2021

I.A. No.5230 of 2021

1. The instant interlocutory application has been filed on behalf of the revisionist for suspension of sentence and releases him on bail, during pendency of the instant revision application.

2. The revisionist has been convicted for the offence under Section 138 of the N.I. Act vide judgment and order of sentence dated 18.12.2017 passed by the learned Judicial Magistrate 1st Class, Hazaribagh in connection with Complaint Case No.949 of 2015 (T.R. No.4189 of 2017). Further, the petitioner has been sentenced to undergo rigorous imprisonment for three months for the offence under Section 138 of the N.I. Act. Further, the petitioner has been directed to pay compensation of Rs.3,75,000/- to the complainant. The judgment has been affirmed by the court of learned Additional Sessions Judge-VIII, Hazaribag in Criminal Appeal No.19 of 2018 (Trial No.07 of 2019) vide judgment dated 09.01.2020.

3. It has been submitted by the learned counsel for the revisionist that the appellant is willing to settle the dispute and for making arrangement, he needs bail.

4. In view of above submission, this Court is inclined to suspend the sentence of the revisionist and enlarge him on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Complaint Case No.949 of 2015 (T.R. No.4189 of 2017), subject to the condition that the petitioner will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

5. In the result, I.A. No.5230 of 2021 is, hereby, allowed.

6. The petitioner shall remain present before the Court, when the revision application is taken up for hearing, failing which his bail shall be cancelled.

(Rajesh Kumar, J.)

Amar/-