Jharkhand High Court
Surendra Kumar Kushwaha vs The State Of Jharkhand on 5 April, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 297 of 2023
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Surendra Kumar Kushwaha ... ... Petitioner
Versus
1. The State of Jharkhand
2. Manoj Kumar Sharma ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Bharat Kumar, Advocate
For the State : Mr. Bishambhar Shastri, Addl.P.P.
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Order No. 03: Dated: 5th April, 2023
Learned counsels for the parties are present.
An interlocutory application being I.A. No. 3043 of 2023 has
been preferred by the petitioner with a prayer to release him on bail
on furnishing bail bond during the pending of this criminal revision
in connection with C/1 Case No. 3177 of 2018.
It has been pointed out that this criminal revision application
has been preferred against the judgment dated 04.02.2023 passed by
the learned appellate court in Criminal Appeal No. 96/2022 by
learned Sessions Judge, East Singhbhum, Jamshedpur by which the
appeal filed by this petitioner was dismissed confirming the
judgment of conviction and order of sentence dated 20.06.2022
passed by J.M. 1st Class, Jamshedpur in connection with C/1 Case
No. 3177 of 2018 convicting the petitioner for the offence u/s 138 of
Negotiable Instrument Act and ordered to undergo SI for 1 month
and was also ordered to pay a compensation of Rs. 15,95,000/- and
also to pay a default of payment of compensation as further directed
to undergo S.I. for a period of 15 days.
It has further been pointed out that the petitioner has
surrendered in this case on 29.03.2023 and he is in custody since
then and surrendered certificate has also been filed which has been
duly issued by the court of learned Judicial Magistrate, first class,
Jamshedpur in connection with C/1 Case No. 3177 of 2018.
Learned counsel appearing for the petitioner submitted that
the debts of Rs. 12 lakhs is not legally recoverable debt on behalf of
the petitioner and therefore, learned court below has wrongly
appreciated the evidences adduced on behalf of the parties and
therefore, it is urged on behalf of the petitioner to release the
petitioner on bail during the pending of this criminal revision.
On the other hand, learned Addl.P.P. appearing on behalf of
the State submitted jointly with O.P. No.2 that let the O.P. No. 2 be
also be appeared in this case as it is a case u/s 138 of N.I. Act so that
the matter would be resolved through the process of mediation in
the Mediation Centre, DLSA/JHALSA.
Accordingly, it is found just and proper to enlarge the
petitioner on provisional bail.
Accordingly, in the light of persuasive submissions advanced
on behalf of both the parties, the petitioner is directed to be to be
enlarged on bail provisionally till 16.05.2023 on furnishing bail bond
of Rs. 25,000/- (Rupees Twenty Five Thousands only) with two
sureties of the like amount each, to the satisfaction of learned
Sessions Judge, East Singhbhum, Jamshedpur in connection with
C/1 case no. 3177 of 2018.
Put up this case on 10.05.2023.
In the meantime, the petitioner is directed to take steps to
issue notice upon the O.P. No. 2 by both the process i.e. by ordinary
process as well as by registered cover for which requisites etc. must
be filed within a period of three weeks, failing which this criminal
revision application stand dismissed without further reference to the
Bench.
(Navneet Kumar, J.)
MM
