Jharkhand High Court
Manoj Kumar Sharma vs The State Of Jharkhand on 1 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 86 of 2019
Manoj Kumar Sharma ...... Petitioner
Versus
1.The State of Jharkhand.
2.Sanjay Kumar Singh .......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate
For the State : Mr. Santosh Kr. Shukla, APP
For the O.P. No.2 : Mr. Rajesh Kumar, Advocate
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st
05/Dated: 1 May, 2023
I.A. (Cr.) No.3160 of 2023
I.A. No.3160 of 2023 has been filed on behalf of the
O.P.No.2 for release of an amount of Rs.1,25,000/- deposited
before the learned court below by the petitioner.
2. Heard Mr. Rajesh Kumar, learned counsel appearing for
the O.P. No.2, Mr. P.K. Mukhopadhya, learned counsel for the
petitioner and Mr. Santosh Kumar Shukla, learned APP for the
State.
3. Learned counsel for the O.P.No.2 has submitted that the
petitioner has deposited a sum of Rs.1,25,000/- before the
learned court below in the light of the order dated 12.06.2019
passed by the Co-ordinate Bench of this Court in the above Cr.
Revision No.86 of 2019 at the time of furnishing bail bond by
which the petitioner was granted bail.
4. No objection has been raised by the learned counsel for the
petitioner as well as learned APP for the State.
5. It transpires that the petitioner has challenged the
judgment dated 17.12.2018 passed by the learned Additional
Sessions Judge-II, Special F.T.C (C.A.W.), Bermo at Tenughat
in Cr. Appeal No.26 of 2018 which has been dismissed by
affirming the judgment of conviction and order of sentence
dated 19.12.2017 passed by Sri Rakesh Kumar, learned
A.C.J.M, Bermo at Tenughat in C.P. Case No.64 of 2016 by
which the petitioner was convicted for the offence under section
138 of the N.I. Act and sentenced to undergo R.I for 1 year and
to pay compensation amount of Rs.12,50,000/-.
6. It transpires that the Co-ordinate Bench of this Court vide
order dated 12.06.2019 had granted bail to the petitioner subject
to deposit of Rs.1,25,000/- before the learned court below at the
time of furnishing his bail bond.
7. Under the circumstances, the O.P. No.2 is permitted to
withdraw the said amount of Rs.1,25,000/- and the learned court
below is directed to release the said amount on filing of such an
application.
8. Accordingly, I.A. (Cr.) No.3160 of 2023 is allowed and
stands disposed of.
Cr. Revision No.86 of 2019
9. Learned counsel for both the sides have submitted that the
matter may be referred before the JHALSA for mediation.
10. Under the circumstances, both the parties i.e. the petitioner
and opposite party no.2 are directed to appear before the learned
Member Secretary, JHALSA on 16.05.2023. Thereafter, the
learned Member Secretary, JHALSA will appoint a trained and
experienced Mediator to amicably settle the dispute between
both the sides. The Member Secretary, JHALSA shall submit his
report to this Court on or before 19.06.2023.
11. Put up this case on 22.06.2023.
(Sanjay Prasad, J.)
Saket/-
