Bijoy Kumar Dey @ Mona Dey vs State Of Jharkhand
2023 Latest Caselaw 3394 Jhar

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IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr. Revision No. 348 of 2021
Bijoy Kumar Dey @ Mona Dey             ......         Petitioner
                      Versus
1. State of Jharkhand
2. Mahabir Prasad Gupta                 .......      Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner    : Mr. Jitendra Shankar Singh, Advocate
                      : Mr. Anish Kumar Mishra, Advocate
For the State         : Mrs. Shweta Singh, APP
For the O.P. No.2     : Mr. Shravan Kumar, Advocate
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              th
10/Dated: 06 September, 2023

I.A. No.7488 of 2023

This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 23.03.2021 passed by learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No.134 of 2019 by which the appeal preferred by the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence passed by Sri Shivendu Dwivedi, Judicial Magistrate, Ist Class, Jamshedpur in C/1 case no.2020 of 2013 by which the petitioner has been convicted for the offence under section 138 of the N.I. Act and sentenced to undergo S.I for a period of one year and to pay compensation of Rs.35,00,000/- (Rs.Thirty Five Lakhs) to the O.P. No.2 i.e. the complainant.

2. I.A. No.7488 of 2023 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail, during pendency of the present Criminal Revision Application.

3. Heard Sri Jitendra Shankar Singh, learned counsel, assisted by Sri Anish Kumar Mishra, learned counsel for the

petitioner, Mrs. Shweta Singh, learned APP for the State and Mr. Shravan Kumar, learned counsel for the O.P. No.2.

4. Learned counsel for the petitioner has submitted that the impugned judgments and order passed by the learned Courts below are illegal and not sustainable in the eye of law. It is submitted that it is a case of friendly loan. It is submitted that the petitioner is in custody since 30.06.2023. However, learned counsel for the petitioner has further submitted that the petitioner is ready to deposit an amount of Rs.6,00,000/- for the purpose of bail for the present and for the purpose of compromise and hence the petitioner may be enlarged on bail.

5. Learned APP for the State has opposed the prayer for bail.

6. Learned counsel for the O.P. No.2 has also opposed the prayer for bail and prayed for time to seek instruction on the point of compromise and for receiving the amount in question.

7. Considering the fact that the petitioner is in custody since 30.06.2023 and also considering the fact that the petitioner is ready to deposit Rs.6,00,000/- (Rs.Six Lakhs) in the name of O.P. No.2, the petitioner namely Bijoy Kumar Dey @ Mona Dey is directed to be released on provisional bail for a period of six months from today, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamshedpur in C/1 case no.2020 of 2013, subject to the condition that one of the bailors must be own relative of the petitioner and also subject to the condition that the petitioner shall deposit a Demand Draft of Rs.6,00,000/- (Rs.Six Lakhs) in the name of O.P. No.2- complainant and the photo copy of said Demand Draft will be deposited before the Court below i.e. Sri Shivendu Dwivedi, J.M, Ist Class, Jamshedpur or his Successor Court and the original copy of the Demand Draft shall be deposited before the

office of the learned Registrar General and the learned Court below shall release the petitioner namely Bijoy Kumar Dey @ Mona Dey on furnishing photo copy of the Demand Draft of Rs.6,00,000/- (Rs.Six Lakhs) in the name of the complainant- O.P.No.2.

8. The Demand Draft of Rs.6,00,000/- (Rs.Six Lakhs) deposited in the name of O.P. No.2 shall be kept in the safe custody by the office of the learned Registrar General of this Court till further order.

9. Thus, I.A. No.7488 of 2023 is allowed and stands disposed of.

Cr. Rev. No. 348 of 2021

10. The petitioner shall file supplementary affidavit to this effect on the next date fixed in this case.

Put up this case on 21.09.2023.

(Sanjay Prasad, J.) Saket/-