Bhagirath Prasad Mahato vs The State Of Jharkhand
2021 Latest Caselaw 4036 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.4836 of 2021
                            In
               Cr. Revision No.636 of 2019

     Bhagirath Prasad Mahato                      ......      Petitioner
                               Versus

     1.    The State of Jharkhand
     2.    Akhtar Khan                            .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate Mr. Vikas Kumar, Advocate For the State : Mr. S. K. Srivastava, A.P.P For the O.P. No.02 : Mr. S. K. Burnwal, Advocate

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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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               th
08/Dated: 27        October, 2021
I.A. No.4836 of 2021

     1.    This     interlocutory   application   has   been   filed   for

suspension of sentence and grant of bail to the petitioner, during the pendency of the revision application.

2. The present revision application has been filed against the judgment dated 15.02.2019, passed by the court of learned Additional Sessions Judge - XVI, Dhanbad, in Criminal Appeal No.183 of 2017, affirming the judgment of conviction and order of sentence dated 04.09.2017 passed by the court of learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.2628 of 2014 (T.R. No.350 of 2017), whereby the petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment of six months and to pay the compensation amount of Rs.5,00,000/- (Rupees five lakhs).

3. It has been submitted by the learned senior counsel for the revisionist that the revisionist is not in a position to make any effort for compounding the offence as he is behind the bar since 31.08.2021. On the above facts, prayer has been made for grant of provision bail although the petition has been filed for grant of regular bail.

4. Learned A.P.P and learned counsel for the O.P. No.02 have no objection.

5. In view of the above submission of the learned senior counsel for the revisionist, I am inclined to suspend the sentence of the revisionist for the period of six months. Accordingly, the petitioner is directed to be released on provisional bail for the period of six months, 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 Judicial Magistrate, 1st Class, Dhanbad, in connection with C.P. Case No.2628 of 2014 (T.R. No.350 of 2017).

6. I.A. No.4836 of 2021 stands disposed of.

(Rajesh Kumar, J.) Chandan/-