Gyan Dev Bag vs The State Of Jharkhand
2022 Latest Caselaw 653 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   I.A. No.7059 of 2021
                            In
               Cr. Revision No.518 of 2021

     Gyan Dev Bag                                 ......      Petitioner
                               Versus

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

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For the Petitioner : Mr. J. N. Upadhyay Advocate For the State : Ms. Priya Shrestha, A.P.P For the O.P. No.02 : Mr. Vikas Kumar, 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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05/Dated: 23        February, 2022
I.A. No.7059 of 2021

     1.    This     interlocutory   application   has   been    filed   for

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

2. The present revision application has been filed against the judgment dated 20.07.2021, passed by the court of learned Additional Sessions Judge - XIII, Jamshedpur, in Criminal Appeal No.69 of 2019, affirming the judgment of conviction and order of sentence dated 27.02.2019, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.4733 of 2013 (T. R. No.1225 of 2019), whereby the petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment of three months and to pay the compensation amount of Rs.2,95,000/- (Rupees three lakhs) to the complainant/ O.P. No.02.

3. It has been submitted by the learned counsel for the revisionist that the revisionist is in custody since 30.11.2021. It has further been submitted that the revisionist is willing to pay the compensation amount to the complainant/ O.P. No.02 to which the learned counsel for the complainant/ O.P. No.02 is agreeable.

4. Considering the submission of the learned counsel for the revisionist and the period of custody, 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, Jamshedpur, in connection with C/1 Case No.4733 of 2013 (T. R. No.1225 of 2019), subject to the condition that the revisionist will deposit Rs.50,000/- (Fifty thousand) in the court below, which will be disbursed in favour of the complainant/ O.P. No.02.

5. I.A. No.7059 of 2021 stands disposed of.

(Rajesh Kumar, J.) Chandan/-