Jharkhand High Court
Anand Prasad vs The State Of Jharkhand on 30 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.382 of 2022
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Anand Prasad ... Petitioner
-Versus-
1. The State of Jharkhand
2. Ramlal Sao ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Anup Kumar Agrawal, Advocate
For the State : Mrs. Vandana Bharti, A.P.P.
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Order No.07 Dated 30th August, 2022
I.A No.6558 of 2022
The present Interlocutory Application being I.A No.6558 of
2022 has been filed on behalf of the petitioner for grant of bail
during pendency of the present Criminal Revision.
2. The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
11.01.2018 passed by the learned Additional Sessions Judge-II,
Ramgarh in Criminal Appeal No.156 of 2014, by which, the learned
Sessions Judge has affirmed the judgment of conviction and order
of sentence dated 21.11.2014 passed by Mr. Rakesh Kumar, Judicial
Magistrate, 1st Class, Hazaribagh in connection with C. Case
No.1550/08, corresponding to T.R No.3366/14 whereby, the
petitioner has been convicted for the offence under Section 138 of
Negotiable Instrument Act and has been sentenced to undergo
Rigorous Imprisonment for a period of one (01) year and to pay a
compensation an amount of Rs.2,80,000/- to the Complainant for
the offence under Section 138 of Negotiable Instrument Act.
3. Heard Mr. Anup Kumar Agrwal, learned counsel for the
petitioner and Mrs. Vandana Bharti, learned counsel for the State.
4. It has been submitted by the learned counsel for the petitioner
that the judgments and order passed by the learned Court below are
not sustainable in the eyes of law. It is further submitted that cheque
of Rs.1,80,000/- was dishonored, which was given to the Opposite
Party No.2. It is further submitted that the petitioner is ready to get
the case compromise and has filed an affidavit enclosing the demand
draft of Rs.1,00,000/- in the name of the Opposite Party No.2
namely, Ramlal Sao. It is further submitted that the petitioner is in
custody since 12.07.2022 and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail.
6. Perused the Interlocutory Application No.6558 of 2022 and
considered the submission on behalf of the parties.
7. It appears that a cheque of Rs.1,80,000/- was dishonored. It
also transpires that the petitioner has enclosed a demand draft of
Rs.1,00,000/- in the name of the Opposite party No.2 by way of
supplementary affidavit.
8. Considering the period of custody of the petitioner and on the
facts and in the circumstances of this case, during pendency of this
Criminal Revision, the petitioner namely Anand Prasad, is directed
to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of Mr. Rakesh Kumar, Judicial Magistrate, 1st Class,
Hazaribagh or his Successor Court in connection with C. Case
No.1550/08, corresponding to T.R No.3366/14, subject to the
condition that one of the bailors should be close/own relative of the
petitioner.
9. Accordingly, I.A. No.6558 of 2022 is allowed and is
accordingly disposed of.
Criminal Revision No.382 of 2022
10. Let this matter be listed on 22nd September, 2022 for awaiting the
appearance of the Opposite Party No.2.
11. It will be open to the Opposite Party No.2 to receive a Demand
Draft of Rs.1,00,000/-.
(Sanjay Prasad, J.)
Raja/-
