Jharkhand High Court
Vijay Kumar Pandey vs The State Of Jharkhand on 13 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.1322 of 2019
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Vijay Kumar Pandey ... Petitioner
-Versus-
1. The State of Jharkhand
2. Balvinder Singh ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Sahay Gaurav Piyush, Advocate .
For the State : Mr. Rajesh Kumar, A.P.P.
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Order No.10 Dated 13th September, 2022
I.A No.7742 of 2022
The present Interlocutory Application being I.A No.7742 of
2022 has been filed on behalf of the petitioner for grant of bail
during pendency of the present Criminal Revision Application.
2. The present Criminal Revision Application has been filed on
behalf of the petitioner for setting aside the judgment dated
17.06.2019 passed in Criminal Appeal No.44 of 2018 by the learned
Sessions Judge, East Singhbhum, Jamshedpur, by which, the said
Criminal Appeal has been dismissed by affirming the order dated
03.02.2018 in connection with C1 Case No.1778 of 2015,
corresponding to T.R No.12 of 2018 passed by Miss. Rupa Bandana
Kiro, Judicial Magistrate, 1st Class, Jamshedpur, whereby, the
petitioner has been convicted for the offence under section 138 of
the N.I. Act and has been sentenced to undergo Simple
Imprisonment for a period of 30 days and to pay a fine of
Rs.9,80,000/- out of which, Rs.9,75,000/- was ordered to be paid to
the complainant as compensation and the balance amount of
Rs.5000/- was to be deposited as fine with Nazarat. In the default of
payment of fine, he has been directed to undergo Simple
Imprisonment for a period of three months.
3. Heard Mr. Sahay Gaurav Piyush, learned counsel for the petitioner
and Mr.Rajesh Kumar, learned counsel for the State.
4. As per the F.I.R, it is alleged that the informant was friendly
terms with the accused-petitioner and the petitioner took a friendly
loan of Rs.8,90,000/- from the complainant with a promise to return
the same amount within a year.
5. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent. It is further submitted that the petitioner is a
respectable person, having movable and immovable properties and
there is no chance of his absconding or tampering with the evidence
in the present case. It is further submitted that the petitioner is ready
to abide by any terms and conditions imposed by this Hon'ble Court.
It is further submitted that the petitioner is in custody since
16.08.2022 and hence, he may be enlarged on bail.
6. On the other hand, learned counsel for the State has opposed
the bail.
7. Perused the I.A No.7742 of 2022 and considered the
submission made on behalf of the parties.
8. It transpires that the petitioner has been convicted for the
offence under section 138 of the N.I. Act and has been sentenced
him to undergo Simple Imprisonment for a period of 30 days. It also
appears that the petitioner is in custody since 16.08.2022 (i.e, about
one month).
9. Considering the facts and in the circumstances of this case, the
petitioner namely, Vijay Kumar Pandey, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Miss. Rupa Bandana Kiro, Judicial Magistrate, 1st
Class, Jamshedpur in connection with C1 Case No.1778 of 2015,
corresponding to T.R No.12 of 2018, subject to the condition that
the one of the bailors must be own relative of the petitioner, with a
further condition that the petitioner shall appear remain present at
the time of Final hearing of this case, failing which, the bail may be
liable to be cancelled.
10. Accordingly, I.A No.7742 of 2022 is allowed and stands
disposed of.
Criminal Revision No.1322 of 2019
10. Admit.
11. Issue notice upon the Opposite Party No.2 by both process i.e,
registered cover with A/D as well as under ordinary process and for
which requisites etc., must be filed within a period of two weeks from
today failing which, this Criminal Revision Application shall stand
rejected without further reference to the Bench.
12. Put up this case after six weeks.
(Sanjay Prasad, J.)
Raja/-
