Jharkhand High Court
Urmila Devi vs The State Of Jharkhand on 28 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 903 of 2018
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Urmila Devi ... Petitioner
-Versus-
1. The State of Jharkhand
2. Anshu Kumari ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Altamas Khan, Advocate
For the State : Mr. Abhay Kr. Tiwari, A.P.P.
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Order No. 06/ Dated: 28.11.2022
I.A. No. 10889 has been filed on behalf of the
petitioner for grant of bail.
2. This Criminal Revision has been filed on behalf of the
petitioner by challenging the judgment order dated 10.04.2018
passed by Sessions Judge, Lohardaga in Criminal Appeal No. 03
of 2017 by rejecting the bail of the petitioner and by which learned
Sessions Judge, Lohardaga has dismissed the appeal by affirming
the judgment of conviction and order of sentence dated 13.01.2017
passed by the Chief Judicial Magistrate, Lohardaga in connection
with Complain Case No. 26 of 2016 by which the petitioner has
been convicted for the offence under section 138 of the N.I.Act and
sentenced to undergo S.I. for a period of six (06) months and
further directed to pay Rs. 7,00,000/- by way of compensation
under section 357 (3) of the Cr.P.C.
3. Heard, learned counsel for the petitioner, learned counsel
for the O.P. No. 2 and learned counsel for the State.
4. It is submitted by the learned counsel for the petitioner
that the petitioner is ready for compromise in this case and may pay
certain amount after being released of the jail . It is submitted that
the petitioner is a lady. It is submitted that petitioner is in custody
since 07.07.2022 i.e. more than four and half months and hence,
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the petitioner be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the bail.
6. It transpires that the petitioner has been sentenced to
undergo S.I. for a period of six (06) months by the learned Trial
Court and she has remained in custody for more than four (04) and
half months.
7. Considering of the fact , the petitioner is a lady and
Considering the period of custody for a period four and half months
of the petitioner, the petitioner namely Urmila Devi directed to be
released on provisional bail for four (04) months from today on
furnishing bail bond of Rs.10, 000/- (Rupees Ten Thousand only )
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate , Lohardaga in connection
with Complain Case No. 26 of 2016 subject to the condition that
one of the bailers must be own relative of the petitioner .
Cr. Rev. No. 903 of 2018
8. Issue notice upon the O.P. No. 2 as to why this Criminal
Revision Application be not admitted and/ or disposed of at the
admission stage itself by the both the process by registered cover
with A/D as well as under ordinary process, for which requisites
must be filed within one week from today
9. Call for the scanned copies of the entire Lower Court
Record.
10. Put up this case on 22.12.2022 .
(Sanjay Prasad, J.)
Bibha/
