Jharkhand High Court
Rakesh Kumar Sinha vs The State Of Jharkhand on 2 March, 2023
1 Cr. Revision No. 147 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 147 of 2023
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Rakesh Kumar Sinha ... ... Petitioner
Versus
1. The State of Jharkhand
2. Baldeo Prasad Mehta ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate
Mr. Lukesh Kumar, Advocate
Mr. Faiyaz Alam, Advocate
For the State : Mr. Arup Kr. Dey, Addl.P.P.
For the O.P. No. 2 : Mr. Prem Pujari Roy, Advocate
Mr. Jyoti Nayan, Advocate
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Order No. 03: Dated: 2 March, 2023
nd
Heard the learned counsels appearing on behalf of the parties.
I.A. No. 1555 of 2023
It is submitted on behalf of the learned counsel appearing on
behalf of the petitioner that the petitioner was arrested on 02.02.2023
and since then he is in jail in this case, the certified copy of the order
oflearned trial court dated 02.02.2023 is furnished by the learned
counsel. Let it be kept on record indicating that the petitioner is
arrested and he is in jail in this case.
It has further been pointed that the instant interlocutory
application has been filed for condoning the delay of 246 days in
filing of the present criminal revision application. It is submitted
that the petitioner was not aware of the order passed by the
Appellate Court and did not receive any instruction from his lawyer
about the dismissal of appeal which has been preferred against the
trial court judgment. And therefore it is submitted that it is a bona
fide mistake and no willful mistake on the part of the petitioner and
it is also submitted that it is a dispute u/s 136 NI Act and he is ready
to deposit 1/3rd of the total amount i.e. Rs. 8 lakhs in favour of the
complainant O.P. No. 2.
Having taken into consideration the aforesaid facts and
reasons mentioned in the I.A., the delay in filing the criminal
revision application is condoned.
Accordingly, I.A. No. 1555 of 2023 gets allowed.
Cr. Revision No. 147 of 2023
Further it is submitted that let the petitioner be enlarged on
provisional bail in order to facilitate him to enter into a compromise
by the process of mediation in the Mediation Centre, JHALSA and
in the meantime he is ready to pay 1/3rd of total amount
compensation amount i.e. Rs. 8 lakhs in favour of the respondent no.
2.
On the other hand, the learned counsel appearing for the O.P.
No. 2 submits that he has received instruction from the O.P. No. 2
and he is ready to accept Rs. 8 lakhs as amount of compensation
amount and further he is ready to participate in the process of
mediation to resolve the dispute amicably. The learned Addl.P.P.
also conceded this fact that the offence is compoundable in nature
and therefore let the matter be referred to the Mediation Center.
Having taken into consideration the aforesaid submissions, it
is submitted that this petitioner is in jail since 02.02.2023 and he is
ready to make payment of 1/3rd of total compensation amount i.e.
Rs. 8 lakhs. This Court finds it just and proper to enlarge the
petitioner on provisional bail. The petitioner is directed to be
released on provisional bail 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 Judicial Magistrate,
Hazaribagh in connection with Complaint Case No. 895 of 2014
corresponding to T.R. Case No. 3590 of 2017 and further subject to
the conditions as stated u/s 439 of Cr.P.C. and also subject to further
conditions that he will make the payment of Rs. 8 lakhs by way of
bank draft in favour of the O.P. No. 2 complainant Baldeo Prasad
Mehta. After deposit of the bank draft, the learned court below will
hand over the same to the O.P. No. 2 - Baldeo Prasad Mehta.
Let this case be posted on 18.04.2023.
(Navneet Kumar, J.)
MM
