Jharkhand High Court
Mukesh Kumar vs The State Of Jharkhand on 4 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 964 of 2018
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Mukesh Kumar .... Petitioner
Versus
1. The State of Jharkhand
2. Dhiraj Kumar Jha ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Ms.Khalida Haya Rashmi, Advocate
For the State : None.
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I.A No. 10001 of 2022
09/04.11.2022 The present Criminal Revision No. 964 of 2018 has been
filed on behalf of the petitioner challenging the judgment dated
27.02.2018 passed by the learned Additional Sessions Judge, XIV,
Dhanbad in Criminal Appeal No. 23 of 2015 whereby learned
Additional Sessions Judge, XIV, Dhanbad has dismissed the
appeal by affirming the judgment of conviction and order of
sentence dated 20.01.2015 passed by Shri Vimal Johnson
Kerketta, Judicial Magistrate, 1st Class, Dhanbad in C. P. Case
No. 1831 of 2010 by which the petitioner has been convicted for
the offence under Section 138 of the Negotiable Instrument Act
and sentenced to undergo S.I. for a period of one (1) year and to
pay Rs. 1,31,500/- to the complainant as compensation.
2. The present I.A No. 10001 of 2022 has been filed on
behalf of the petitioner for grant of bail to the petitioner, during
pendency of the present Criminal Revision Application.
3. Heard learned counsel for the petitioner.
4. However, nobody appears on behalf of the State.
5. It has been submitted by the learned counsel for the
petitioner that judgments and order passed by the learned Court
below are not sustainable in law. It is submitted that disputed
amount in question i.e. Rs. 1,31,500/- has already been deposited
vide Cheque No. 039790 dated 20.10.2022 in favour of the
opposite party no. 2- Dhiraj Kumar Jha in the office of learned
Registrar General, Jharkhand High Court, Ranchi in compliance
of the order dated 20.10.2022 passed in Cr. M. P. No. 3732 of
2022 by the Co-ordinate Bench of this Court. It is submitted that
grievance of the opposite party no. 2 has already been redressed. It
is submitted that the petitioner is in custody since 15.10.2022 and
as such, the petitioner may be enlarged on bail.
6. Nobody appears on behalf of the State on repeated call.
7. Perused the I.A No. 10001 of 2022 and considered the
submission raised on behalf of the petitioner.
8. It appears that the petitioner has deposited cheque of Rs.
1,31,500/- vide Cheque No. 039790 dated 20.10.2022 in favour of
the opposite party no. 2- Dhiraj Kumar Jha in the office of learned
Registrar General, Jharkhand High Court, Ranchi in compliance
of the order dated 20.10.2022 passed in Cr. M. P. No. 3732 of
2022 by the Co-ordinate Bench of this Court, however the cheque
has not been encashed as the O.P. No.2 has not appeared. It
transpires that the petitioner is in custody since 15.10.2022.
9. Considering the period of custody of the petitioner and
considering the facts and circumstances of the case, during
pendency of this Criminal Revision Application, petitioner -
Mukesh Kumar is directed to be released on provisional bail for a
period of four months from today, on furnishing bail bonds of
Rs. 10,000/- (Ten thousand only) with two sureties of the like
amount each to the satisfaction of Shri Vimal Johnson Kerketta,
Judicial Magistrate, 1st Class, Dhanbad or his Successor Court in
C. P. Case No. 1831 of 2010 subject to condition that one of the
bailors must be own relative of the petitioner.
10. I.A No. 10001 of 2022 is allowed and stands
disposed of.
Criminal Revision No. 964 of 2018
11. Issue notice to the opposite party no. 2 as to why this
Criminal Revision Application may not be admitted and/or
disposed of at the admission stage itself and for which requisites
etc. under registered cover with A/D and ordinary process must be
filed within one week from today, failing which this Criminal
Revision Application shall stand rejected without further reference
to the Bench.
12. Call for the scanned copy of the Lower Court Records.
13. Put up this case on 12.12.2022.
(Sanjay Prasad, J.)
Kamlesh/
