Jharkhand High Court
Rajiv Kumar vs The State Of Jharkhand on 18 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 410 of 2022
Rajiv Kumar --- --- Petitioner
Versus
The State of Jharkhand --- --- Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Jitendra Shankar Singh, Advocate
For the State : Mr. Sanat Kr. Jha, A.P.P.
For the Complainant : Mr. Ranjit Kumar, Advocate
05/18.05.2023 Heard learned counsel for the petitioner and the learned A.P.P.
appearing on behalf of the State assisted by learned counsel for the
complainant on I.A. No. 4417 of 2023.
2. It is submitted on behalf of the petitioner that the instant
interlocutory application has been preferred to release the petitioner on
bail during pendency of the revision application, which has been
preferred against the judgment dated 16.02.2022 passed in Criminal
Appeal No. 15 of 2020 by the court of learned Sessions Judge, East
Singhbhum, Jamshedpur whereby the learned lower appellate court has
affirmed the judgment of conviction and order of sentence dated
23.12.2019 passed by the court of learned Judicial Magistrate 1st class,
Jamshedpur in C1 Case No. 1062 of 2016 corresponding to T.R No. 02
of 2019 whereby the petitioner has been convicted for the offence under
Section 406 and 420 IPC and has been sentenced to undergo S.I. for 1
year 6 months under the aforesaid sections.
3. However, it is pointed out by learned counsel for the petitioner
that both the petitioner and the complainant are own brother and
admittedly it is a dispute arising out of monetary transaction. It has
further been pointed out on behalf of the petitioner that the alleged
transaction of money had taken place in the year 2012 but the
complaint has been filed by the complainant in the year 2016 after a
delay of 4 years for which no explanation has been given by the
complainant which creates a serious doubt on the prosecution. It has
further been pointed out that the money receipt which was alleged to
have been issued by the petitioner on 06.01.2012 but the money was
paid by the complainant through cheque dated 07.01.2012 and rest
amount was deposited in the account of the petitioner on 18.01.2012
which clearly suggest that the money receipt is a fake document and the
same was not taken into consideration by the learned court below. It has
further been pointed that that since it is a dispute related to monetary
transaction, petitioner is ready to resolve the dispute amicably through
the process of mediation in the mediation centre, JHALSA. It is further
pointed out that petitioner was custody for about 3 month during course
of trial and thereafter he is in jail since 05.04.2023.
4. Learned counsel appearing on behalf of the complainant opposed
the contention raised on behalf of the petitioner but he has agreed to
resolve the dispute amicably through the process of mediation at
mediation centre, JHALSA.
5. Having heard the parties, perused the record of the case.
6. In the light of the aforesaid persuasive submission advanced on
behalf of the parties, the petitioner, named above, is directed to enlarged
on provisional bail till the next date on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of Learned Judicial Magistrate 1st
Class, Jamshedpur in connection with C1 Case No. 1062 of 2016
corresponding to T.R. No. 02 of 2019 subject to the condition as set out
under Section 439 of the Cr.P.C. I.A. No. 4417 of 2023 is disposed of.
7. In the meantime, let the scanned copy of the lower court record be
called for in connection with Criminal Appeal No. 15 of 2020 arising out
of C1 Case No. 1062 of 2016 from the court of learned Sessions Judge,
East Singhbhum, Jamshedpur.
8. Further, it is jointly submitted on behalf of both the parties that
since the matter is related to a dispute between two brothers in the wake
of monetary transaction, therefore, it is urged on behalf of both the
parties to refer the matter to the mediation centre, JHALSA for amicable
resolution of the dispute once and for all.
9. Accordingly, the learned Member Secretary, JHALSA is directed
to appoint a good mediator to conduct the mediation proceeding
effectively and efficiently for resolving the dispute amicably between the
parties. Both the parties are directed to remain physically present before
the learned Member Secretary, JHALSA on 12.06.2023 at 10.30 a.m.
Learned counsel for both the parties are also directed to ensure the
presence of the parties in the mediation exercise on the date and time
fixed .
10. Let a copy of this order be sent to the Member Secretary,
JHALSA to do the needful. List this case immediately after receipt of the
Mediation Centre report.
(Navneet Kumar, J.)
A.Mohanty
