Jharkhand High Court
Dilchand Kumar Sharma @ Karu ... vs The State Of Jharkhand on 1 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1246 of 2022
....
Dilchand Kumar Sharma @ Karu Thakur
@ Dilchand Sharma ...... Petitioner
Versus
1. The State of Jharkhand
2. Gopal Sao ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Manoj Kumar Mishra, A. P. P.
For the O. P. No.2 : Mr. Pran Pranay, Advocate
.....
04/01.12.2022 Learned counsel for the petitioner seeks permission to
remove the defects, as pointed out by the office, during course of
the day.
2. Heard learned counsel for the petitioner and learned counsel
for the State and learned counsel for the opposite party no. 2.
3. The instant I.A. No. 10996 of 2022 has been filed under
Section 5 of the Limitation Act for condoning the delay of 60 days
in filing the instant Criminal Revision No. 1246 of 2022.
4. It has been submitted by the learned counsel for the
petitioner that there is delay of 60 days in filing Criminal Revision
No. 1246 of 2022. It is submitted that the case has been
compromised between the parties and the petitioner has paid a sum
of (Rupees Four Lakh) Rs. 4,00,000/- in cash to the opposite party
no. 2 and as such, delay of 60 days in preferring the instant
Criminal Revision Application may be condoned.
5. Learned counsel for the State raised no objection.
6. Learned counsel for the opposite party no. 2 has admitted
the factum of compromise and has submitted that the opposite
party no. 2 has received Rs. 4,00,000/- in cash from the petitioner.
7. Having considered the submission of the learned counsel
for the petitioner and learned counsel for the opposite party no. 2
and taking lenient view, the delay of 60 days in preferring the
Criminal Revision No. 1246 of 2022 is, hereby, condoned.
8. I.A. No. 10996 of 2022 is allowed and stands disposed of.
Cr. Revision No. 1246 of 2022
9. Learned counsel for the petitioner is permitted to mention
the date of custody of the petitioner in the Criminal Revision No.
1246 of 2022 during course of the day.
10. The present Criminal Revision No. 1246 of 2022 has
been filed by the petitioner challenging the judgment dated
24.05.2022 passed in Criminal Appeal No. 13 of 2020 by the
learned Sessions Judge, Hazaribag whereby learned Sessions
Judge, Hazaribag has dismissed the Criminal Appeal No. 13 of
2020 on account of non-depositing of 20% of the amount of
compensation and also challenged the judgement of conviction
and order of sentence dated 23.01.2020 passed by Sri Mayank
Maliyaz, Judicial Magistrate, 1st Class, Hazaribag in connection
with Complaint Case No. 1666 of 2019 corresponding to T. R. No.
24 of 2020 whereby the petitioner has been convicted for the
offence under Section 138 of the N. I. Act and has been sentenced
to undergo S. I. for a period of six (6) months and to pay the
compensation amount of Rs. 4,00,000/- for the offence under
Section 138 of the N. I. Act to the complainant under Section 357
(3) of the Cr. P. C.
11. I.A. No. 10730 of 2022 has been filed on behalf of both
the sides i.e. the petitioner and the opposite party no. 2 by way of
compromise petition.
12. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no.2
13. It is submitted by the learned counsel for the petitioner that
the case has been compromised between the parties and the
petitioner has paid a sum of (Rupees Four Lakh) Rs. 4,00,000/- in
cash to the opposite party no. 2. It is submitted that the petitioner is
in custody since 26.09.2022 and as such, the petitioner may be
enlarged on bail.
14. Learned counsel for the State raised no objection.
15. Learned counsel for the opposite party no. 2 has admitted
the factum of compromise and has submitted that the opposite
party no. 2 has received Rs. 4,00,000/- in cash from the petitioner.
16. Considering the facts and circumstances of the case and
the fact that the case has been compromised between both the
sides also considering the custody of the petitioner i.e. the
petitioner and the opposite party no. 2, during pendency of this
Criminal Revision Application, the petitioner namely Dilchand
Kumar Sharma @ Karu Thakur @ Dilchand Sharma is directed to
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand only) with two sureties of the like amount each to the
satisfaction of Sri Mayank Maliyaz, Judicial Magistrate, 1st Class,
Hazaribag or his Successor Court in connection with Complaint
Case No. 1666 of 2019 corresponding to T. R. No. 24 of 2020.
17. Put up this case on 20.12.2022 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
