Rajeev Kumar Sao vs The State Of Jharkhand
2021 Latest Caselaw 1450 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             I.A. No. 5954 of 2020
                         in
             Cr. Revision No. 41 of 2020
                         ...

Rajeev Kumar Sao                         ....       Petitioner
                         -V e r s u s-
1.The State of Jharkhand
2.Amresh Kumar                           ..... Opposite Parties
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                          ...

For the Petitioner : Mr. Satish Kumar Ughal, Advocate. For the State : Mr. P. K. Verma, APP For the O.P. No. 2 : Ms. Rashmi Kumar, Advocate.

...

I.A. No. 5954 of 2020 ...

08/22.03.2021

1. This interlocutory application has been filed under Section 401

of the Code of Criminal Procedure for suspension of the sentence and

grant of ad-interim bail to the petitioner, during the pendency of the

revision.

2. The revision is directed against the judgment dated 27.11.2019,

passed by the court of the learned District and Additional Sessions

Judge-I, Koderma in Criminal Appeal No. 02 of 2018, affirming the

judgment dated 11.12.2017, passed by the court of the learned Chief

Judicial Magistrate, Koderma in C. Case No. 370 of 2017 (T.R.

No.1802 of 2017), whereby the petitioner has been found guilty and

convicted for the offence under section 138 of the Negotiable

Instrument Act and sentenced to undergo simple imprisonment of one

year and to pay Rs.1,50,000/- (Rupees One Lakh fifty Thousand) as

compensation to opposite party no. 2.

3. Learned counsel for the petitioner has submitted that the

petitioner is ready to deposit a draft of Rs.75,000/- (Rupees Seventy

Five Thousand), in the name of opposite party no. 2 in the court below. Learned counsel appearing on behalf of the opposite party no. 2

and the learned A.P.P. are present.

4. Heard. If the petitioner deposits a draft of Rs.75,000/- (Rupees

Seventy Five Thousand), in the name of opposite party no. 2 in the

court below, he shall be released on bail, during the pendency of the

revision, on his furnishing bail bond of Rs.10,000/- (Rupees Ten

thousand), with two sureties of the like amount each to the satisfaction

of learned Chief Judicial Magistrate, Koderma in connection with C.

Case No. 370 of 2017 (T.R. No.1802 of 2017).

The deposited amount shall be disbursed in favour of the

opposite party no. 2, on his filing an undertaking that he shall refund

the amount, in case the revision is decided in favour of the petitioner.

With the aforesaid direction, I.A. No. 5954 of 2020 stands

allowed.

...

Cr. Revision No. 41 of 2020 ...

1. This revision shall be heard.

2. Admit.

3. The lower court record has already been received.

4. Office to list this revision under the heading 'For Hearing' in

seriatim.

(AMITAV K. GUPTA, J.) APK