Jharkhand High Court
Ranjeet Kumar @ Ranjit Kumar Soni @ ... vs The State Of Jharkhand on 16 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1080 of 2022
....
Ranjeet Kumar @ Ranjit Kumar Soni @ Ranjit Kumar
...... Petitioner
Versus
1. The State of Jharkhand
2. Bhuvenshwar Yadav ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Md. Sabyansanchi, Advocate
For the State : Mr. Bishambhar Shastri, A.P.P.
For the O. P. No. 2 : Mr. Lalan Kumar Singh, Advocate
......
I.A. No. 11281 of 2022
04/16.12.2022 learned counsel for the petitioner is directed to implead
the complainant as opposite party no. 2 during the 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. 11281 of 2022 has been filed under
Section 5 of the Limitation Act for condoning the delay of 100
days in filing the instant Criminal Revision No. 1080 of 2022.
4. It has been submitted by the learned counsel for the
appellant that there is delay of 100 days in filing Criminal
Revision No. 1080 of 2022. It is submitted that the case has been
compromised between the parties and the petitioner has paid a sum
of Rs. 1,50,000/- to the opposite party no. 2. It is submitted that
the petitioner is in custody since 17.07.2022 and as such, delay of
100 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 also raised no
objection and has admitted the factum of compromise.
7. Having considering 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 100 days in preferring the
Criminal Revision No. 1080 of 2022 is, hereby, condoned.
8. I.A. No. 11281 of 2022 is allowed and stands disposed of.
I.A. No. 11282 of 2022
9. The present Criminal Revision No. 1080 of 2022 has
been filed on behalf of the petitioner by challenging the judgment
dated 10.09.2021 passed in Criminal Appeal No. 25 of 2019 by the
learned Additional Sessions Judge-VI, Chatra whereby learned
Additional Sessions Judge-VI, Chatra has dismissed the Criminal
Appeal No. 25 of 2019 with modification in the judgment of
conviction and order of sentence dated 19.02.2019 passed by
Mr. Dinesh Kumar, Chief Judicial Magistrate, Chatra in Complaint
Case No. 281 of 2018 and learned Additional Sessions Judge-VI,
Chatra had observed that as the petitioner has paid Rs. 40,000/- to
the complainant the same is adjusted and the petitioner is directed
to pay remaining amount of Rs. 1,10,000/- to the complainant and
the period of punishment is also reduced and the same is modified
of punishment of one (1) year simple imprisonment. Although vide
judgment of conviction and order of sentence dated 19.02.2019
passed by Mr. Dinesh Kumar, Chief Judicial Magistrate, Chatra in
Complaint Case No. 281 of 2018, the petitioner was convicted of
the offence under Section 138 of the N.I. Act and sentenced to
undergo R.I. for a period of one (1) year and six(6) months and
directed to pay compensation of Rs. 1,50,000/- out of which Rs.
1,00,000/- is directed to be paid to the complainant.
10. I.A. No. 11282 of 2022 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
Criminal Revision Application.
11. Heard learned counsel for the petitioner and learned
counsel for State and learned counsel for the opposite party no. 2.
12. 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 Rs. 1,50,000/- to the opposite party
no. 2. It is submitted that the petitioner is in custody since
17.07.2022 and as such, the petitioner may be enlarged on bail.
13. Learned counsel for the State raised no objection.
14. Learned counsel for the opposite party no. 2 has admitted
the factum of compromise and submitted that the opposite party
no. 2 has received Rs. 1,50,000/- from the petitioner.
15. Considering the facts and circumstances of the case and
the fact that the case has been compromised between both the
sides i.e. the petitioner and the opposite party no. 2, during
pendency of this Criminal Revision Application, the petitioner
namely Ranjeet Kumar @ Ranjit Kumar Soni @ Ranjit Kumar 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 Mr. Dinesh Kumar, Chief Judicial
Magistrate, Chatra or his Successor Court in Complaint Case No.
281 of 2018.
16. I.A. No. 11282 of 2022 is allowed and stands disposed of.
Criminal Revision No. 1080 of 2022
17. Put up this case on 30.01.2023 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
