Om Prakash Keshri vs The State Of Jharkhand
2023 Latest Caselaw 2791 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Criminal Revision No. 945 of 2020
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Om Prakash Keshri ..... Appellant Versus

1.The State of Jharkhand

2.Rajesh Kumar Agrawal ..... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Vijay Kumar Sharma, Advocate For the State : Mr. Someshwar Roy, A.P.P. For O.P. No. 2 : Mrs. Alka Kumari, Advocate

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07/10.08.2023 This Criminal Revision has been filed by the petitioner challenging the judgment dated 06.10.2020, passed by Shri Rakesh Chandra, learned Addl. Sessions Judge VI, Chatra in Criminal Appeal No. 09/2019, whereby the learned Addl. Sessions Judge VI, Chatra has dismissed the appeal affirming the judgment of conviction and order of sentence, both dated 18.01.2019, passed by Shri Kumar Kranti Prasad, learned Judicial Magistrate, Ist Class, Chatra in Complaint Case No. 108/2017, by which the petitioner was convicted under Section 138 of the N.I. Act and sentenced to undergo Simple Imprisonment for one year under Section 138 of the N.I. Act and pay compensation of Rs. 1,00,000/- with 8% interest from the filing of the case till realization of the money.

I.A. No. 6531 of 2023.

2. This Interlocutory Application has been filed on behalf of the petitioner for grant of bail.

3. Heard Mr. Vijay Kumar Sharma, learned counsel for the petitioner, Mr. Someshwar Roy,

learned A.P.P. and Ms. Alka Kumari, learned counsel for O.P. No. 2.

4. It is submitted by learned counsel for the petitioner that the impugned judgments and order are not sustainable in the eye of law and the learned Courts below have not considered the evidence of the witnesses properly. It is submitted that the cheque in question was given as a security to O.P. No. 2 and the petitioner is basically handicapped as his right leg has been amputated. It is further submitted that the petitioner has already paid 20% the of the fine amount, amounting to Rs.20,000/- after filing of the Criminal Appeal on 28.01.2020 before the learned appellate court below and has shown the certified copy of order sheet from 07.02.2019 to 01.10.2020. It is further submitted that the petitioner is also ready to deposit some amount and hence the petitioner may be enlarged on bail.

5. Learned A.P.P. has opposed the prayer for bail .

6. Learned counsel for the O.P. No. 2 has opposed the prayer for bail and has submitted that the petitioner has surrendered only after order is passed by this Court on 04.7.2023. It is submitted that nothing has been paid to O.P. No. 2 till date though the petitioner was directed to pay certain amount to O.P. No. 2 and hence prayer for bail of the petitioner may be rejected.

7. Perused the impugned judgment passed by the learned Court below and I.A. No. 6531 of 2023.

8. It transpires that the parties are acquainted with each other.

9. It also transpires that the petitioner has deposited Rs.20,000/- before the learned Appellate Court below on 28.01.2020 at the time of filing of Criminal Appeal No. 09/2019. It also appears that the right leg of the petitioner is amputated.

10. Under the facts and circumstances of the case and considering the custody period, the petitioner is directed to be enlarged on provisional bail for a period of four months from today on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of Mr. Kumar Kranti Prasad, learned Judicial Magistrate, Chatra or his successor court in connection with Complaint Case No. 108 of 2017.

11. Petitioner is further directed to deposit a Demand Draft of Rs.10,000/- in the office of the Registrar General within three weeks from today, which may be kept by the Registrar General till further order.

12. Call for the legible scanned copy of the Lower Court Record from the court concerned.

13. In the meantime, it would be open to the parties to take steps for mediation.

14. Put up this case on 11th September, 2023.

15. I.A. No. 6531 of 2023 is allowed and disposed of.

(Sanjay Prasad, J.) s.m.