Uttam Kumar Sahu vs The State Of Jharkhand
2021 Latest Caselaw 2620 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 I.A. No.2918 of 2021
                         In
             Cr. Revision No.712 of 2020

    Uttam Kumar Sahu                         ......       Petitioner

                             Versus
    1.   The State of Jharkhand
    2.   Nalin Sharma                        .....     Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Tarun Kumar No.1, Advocate For the State : Mr. Shekhar Sinha, P.P

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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07/Dated: 29        July, 2021

I.A. No.2918 of 2021

1. This interlocutory application has been filed under Sections 397 and 401 of the Cr.P.C for suspension of sentence and grant of bail to the petitioner, during the pendency of the revision application.

2. This revision application has been filed against the judgment dated 30.05.2020, passed by the court of learned Additional Sessions Judge - III, Giridih, in Criminal Appeal No.130 of 2017, affirming the judgment and order of sentence dated 05.12.2017, whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, by the court of learned A.C.J.M., Giridih, in G.R. Case No.1912 of 2013 (T.R. No.781 of 2017), arising out of Giridih (T) P.S. Case No.176 of 2013. The petitioner has been sentenced to undergo simple imprisonment of six months and to pay the compensation of Rs.1,00,000/- (Rupees one lakh only) to the complainant and the petitioner has been acquitted for the offence under Section 420 of the I.P.C.

3. Heard learned counsel for the petitioner and learned P.P. On perusal of the record, it appears that the petitioner

has surrendered in the court below on 25.01.2021 and since then he is in custody. The petitioner has completed the sentencing part and he is in custody for non-payment of the compensation amount.

4. Considering the fact that the petitioner has completed the sentencing part and he is in custody only because of non- payment of compensation amount, I am inclined to suspend the sentence and enlarge the petitioner on bail, during the pendency of the revision application, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Giridih, in connection with G.R. Case No.1912 of 2013 (T.R. No.781 of 2017), arising out of Giridih (T) P.S. Case No.176 of 2013.

5. I.A. No.2918 of 2021 stands allowed.

(Rajesh Kumar, J.) Chandan/-