Jay Shankar Pandey @ J.S. Pandey vs The State Of Jharkhand
2023 Latest Caselaw 3264 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Revision No. 723 of 2023
 Jay Shankar Pandey @ J.S. Pandey          ..... ...... Petitioner
                                   Versus
1. The State of Jharkhand
2. Somnath Biswas                                .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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      For the Petitioner              : Mr. L.C.N. Shahedeo, Advocate
      For the State                   : Mr. Bishambhar Shastri, A.P.P.
      For the O.P. No.2               : Mr. Rohit Agarwal, Advocate
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                           th
Order No.06 /Dated: 30 August, 2023
I.A. No.6538 of 2023

1. The instant Interlocutory Application has been filed under Section 389(i) of the Code of Criminal Procedure for suspension of sentence and to release the petitioner on bail during pendency of this Criminal Revision.

2. Learned counsel for the petitioner has submitted that vide judgment dated 12.08.2022, the petitioner was convicted under Section 138 of the N.I. Act passed by the learned Judicial Magistrate, 1st Class, Jamshedpur and sentenced to undergo Simple Imprisonment for 12 months with a fine of Rs.5,50,000/-, which was directed to pay the complainant as compensation under Section 357(3) of the Code of Criminal Procedure. Against the judgment dated 12.08.2022, Criminal Appeal No.142 of 2022 was preferred, which was dismissed vide judgment dated 10.05.2022 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur and the order of conviction and sentenced passed by the learned trial Court was affirmed.

3. It is further submitted that this Criminal Appeal No.142 of 2022 has been preferred, but the learned Court below has not taken into consideration the plea raised on behalf of the petitioner that the complainant had failed to file Income Tax Return in regard to the payment made to the accused.

4. The learned counsel for the State and learned counsel for the complainant opposed the contentions made by the learned counsel for the petitioner and contended that the conviction passed by the learned Court below has been affirmed by the learned appellate Court and there is no illegality in the impugned judgment passed by both the learned Court below.

5. Keeping in view the sentence inflicted by the learned trial Court and also the fact that this Criminal Revision is not likely to be heard in near future

and also keeping in view the nature of offence, the sentence inflicted by the learned Court below is kept in abeyance. Accordingly, I.A. No. 6538 of 2023 is allowed.

6. The Sentence passed by the learned Court below shall remain in abeyance during the pendency of this Criminal Revision.

7. In consequence thereof, the petitioner, namely, Jay Shankar Pandey @ J.S. Pandey is directed to be released on bail on furnishing bail bond of Rs.40,000/- (Rupees Forty Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur in connection with C/1 Case No. 3384 of 2018. Cr. Revision No. 723 of 2023

8. It appears from the report dated 21.08.2023 sent by the Member Secretary, JHALSA that the matter could not be settled between the parties.

9. Admit.

10. Office is directed to call for the Lower Court Records.

11. List this case for hearing as per its seriatim.

(Subhash Chand, J.) Madhav/-