Jharkhand High Court
Mukesh Kumar Verma vs The State Of Jharkhand on 12 October, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1093 of 2022
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Mukesh Kumar Verma ... Petitioner
-Versus-
1. The State of Jharkhand
2. Md. Parvez Alam ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Manoj Kumar Sah, Advocate
For the State : Mrs. Shweta Singh, A.P.P.
For the O. P. No. 2 : Mr. Piyush Krishna Choudhary, Adv.
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Order No. 03/ Dated: 12.10.2022
I.A. No. 8885 of 2022 has been filed on behalf of the
petitioner for condonation of delay of 524 days in filling this
Criminal Revision No. 1093 of 2022.
2. Heard learned counsel for the petitioner and learned counsel
for the State.
3. It is submitted by the learned counsel for the petitioner that
the case has been compromised between the petitioner and O.P.
No. 2. It submitted that due to poverty this Criminal Revision could
not be filed within time and as such, delay of 524 days in filling
this Criminal Revision No. 1093 of 2022 may been condoned.
4. On the other hand, no objection has been raised by the
leaned counsel for the State and learned counsel for the O.P. No. 2.
5. Although this court is not satisfied with the reasoning given
for condoning the delay, however having gone through the
averment made in I.A. No. 8885 of 2022, and by taking lenient
view, delay of 524 days in filling this Criminal Revision No. 1093
of 2022 is condoned.
6. Under the circumstances, I.A. No. 8885 of 2022 is allowed
and stands disposed of.
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I.A. No. 8884 of 2022
7. I.A. No. 8884 of 2022 has been filed on behalf of the
petitioner for grant of bail during pendency of this Criminal
Revision Application.
8. This Criminal Revision Application No. 1093 of 2022 has
been filed on behalf of the petitioner for setting aside the Judgment
dated 17.01.2019 passed by learned Sessions Judge, Koderma
passed in Criminal Appeal No. 88 of 2018 whereby learned
Sessions Judge, Koderma has dismissed the appeal and affirmed the
judgment of conviction and order of sentence dated 13.08.2018
passed by Md. Umar, Sub-Divisional Judicial Magistrate, Koderma
passed in connection with Complaint Case No. 1146 of 2014
corresponding to T. R. No. 959 of 2018 by which the petitioner has
been convicted for the offence under Section 138 of the N. I. Act
and has been sentenced to undergo R.I. for a period of one (1) year
and to pay compensation of Rs. 2,25,000/-.
9. Heard learned counsel for the petitioner and learned counsel
for the State and learned counsel for the opposite party no. 2.
10. It is submitted that the case has been compromised between
the petitioner and the O.P. No. 2 and the petitioner has paid sum of
Rs. 2,25,000/- to the O.P. No. 2 and as such the case has been settled
between the parties. It is submitted that the petitioner is in custody
since 18.07.2022 and hence, the petitioner may be enlarged on bail.
11. On the other hand, no objection has been raised by the
leaned counsel for the State .
12. Learned counsel for the O.P. No. 2 has also admitted the
factum of compromise between the parties i.e. the petitioner and
the O.P. No. 2 and submitted that the O.P. 2 has received a sum of
Rs. 2,25,000/- from the petitioner.
13. Considering the facts and in the circumstances of this case,
the petitioner namely Mukesh Kumar Verma is directed
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to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties of the like amount
each to the satisfaction of Sub-Divisional Judicial Magistrate,
Koderma or his successor Court passed in connection with
Complaint Case No. 1146 of 2014 corresponding to T. R. No. 959
of 2018.
14. Under the circumstances, I.A. No. 8884 of 2022 is allowed
and stands disposed of.
Criminal Revision No.1093 of 2022
15. Call for the scanned copy of the Lower Court Record.
16. Put up this case on 10.11.2022 under the heading 'For
Admission."
(Sanjay Prasad, J.)
Bibha/
