Devendar Kumar Singh vs The State Of Jharkhand & Anr. .... .... ...
2023 Latest Caselaw 4356 Jhar

Jharkhand High Court

Devendar Kumar Singh vs The State Of Jharkhand & Anr. .... .... ... on 1 December, 2023

Author: Subhash Chand

Bench: Subhash Chand

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No.529 of 2023
       Devendar Kumar Singh                         ..... ... Petitioner
                                  Versus
       The State of Jharkhand & Anr.               .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Navneet Sahay, Advocate For the O.P. No.2 : Mr. A.K. Choudhary, Advocate

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st 10/1 December, 2023 I.A. No.4944 of 2023

1. At the very outset learned counsel for the petitioner has submitted that he is not pressing the I.A. No.4944 of 2023.

2. Accordingly, the I.A. No.4944 of 2023 is dismissed being not pressed.

I.A. No.7469 of 2023

3. Heard learned counsel for the petitioner and learned counsel for the O.P. No.2.

4. The present interlocutory application has been filed on behalf of the petitioner with prayer to release on bail during pendency of this criminal revision and also to keep the sentence in abeyance.

5. Learned counsel for the petitioner has submitted that the petitioner has been convicted by the learned trial court for the offence under Section 138 of the N.I. Act and was sentenced with simple imprisonment for one year and he was also directed to pay the compensation of Rs.7,50,000/- to the complainant and fine of Rs.5,000/- was to be deposited in Nazarat and in default of payment of fine the petitioner was directed to undergo simple imprisonment for 15 days.

The order dated 22nd November, 2023 passed by the learned trial court was confirmed by the learned appellate court in Cr. Appeal No.217 of 2022 vide judgment dated 18th April, 2023 by dismissing the criminal appeal.

Learned counsel for the petitioner has further submitted that the petitioner has surrendered before the learned trial court on 19th July, 2023 and he gives undertaking that he would deposit 20% of the compensation amount before the court concerned within four weeks from the date of release on bail.

6. Learned counsel for the O.P. No.2 has no objection to the aforesaid contention.

7. In view of the submissions made and materials available on record, the impugned judgment of conviction and order of sentence dated 22nd November, 2022 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in Complaint Case No.3560 of 2018 is hereby kept in abeyance during pendency of this criminal revision.

8. In consequence thereof, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned, subject to condition that the petitioner would deposit 20% of the compensation amount within four weeks from the date of release and the amount so deposited before the court concerned shall be paid to the complainant/O.P. No.2.

9. Accordingly, I.A. No.7469 of 2023 stands allowed.

10. Admit.

11. Office is directed to call for the scanned copy of Lower Court Records.

12. List this case as per seriatim.

(Subhash Chand, J.)

Rohit