Jharkhand High Court
Daya Shankar Yadav vs The State Of Jharkhand on 18 November, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.606 of 2024
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Daya Shankar Yadav, Aged about - 50 years, S/o - Baidnath Yadav, R/o
Village - New Colony, Nimdih, P.O. + P.S. - Sadar, Dist.-West Singhbhum
and Presently residing at SPG Mission Compound, Chaibasa, P.O. + P.S. -
Sadar, District - West Singhbhum, Jharkhand.
.... .... Petitioner(s)
Versus
1. The State of Jharkhand
2. Hemant Kumar Singh, S/o - Kedar Nath Singh, R/o Village - 42,
Kalyanpur, Gutusai, New Anandmarg School, P.O.-Chaibasa, P.S.-Sadar,
District-West Singhbhum, Jharkhand .... .... Opposite Party(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Vishal Kr. Tiwary, Adv.
For the State : Mr. Sanjay Kr. Srivastava, A.P.P.
For the O.P. No.2 : Mr. Arun Kumar, Adv.
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th
04/Dated: 18 November, 2024
1. The present interlocutory application has been filed for suspension of
sentence and admitting the petitioner on bail during the pendency of the present
criminal revision.
2. It appears that the revisionist has been convicted under Section 138 of
the Negotiable Instruments Act, 1881 and has been sentenced to undergo
Simple Imprisonment for two years for the said offence with fine of
Rs.10,00,000/- and in default thereof further to undergo simple imprisonment
of three months, by the Judicial Magistrate-1st Class, Chaibasa at West
Singhbhum in Complaint Case No.48 of 2023 (T.R. No.513 of 2023) vide
judgment dated 05.07.2023 and the said judgment has been affirmed by this
court of Sessions Judge, Chaibasa in Criminal Appeal No.80 of 2023 vide
judgment dated 19.03.2024 which has been challenged before the Court by
filing the present revision application.
3. It has been submitted by learned counsel for the revisionist that friendly
loan has been taken by the revisionist and some amount has been repaid but the
rest amount has not been paid and the cheque issued has bounced.
4. It is settled law that consideration is sine qua non for formation of a
contract but in the present case consideration is friendship. Thus, there is no
contract.
5. Considering the factual matrix of the case, this Court is inclined to
suspend the sentence and admit the petitioner on bail during the pendency of
the present criminal revision. Accordingly, the present interlocutory application
is, hereby, allowed and the petitioner is directed to be released on bail, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of the court concerned in
connection with Complaint Case No.48 of 2023 (T.R. No.513 of 2023), subject
to condition that the applicant will submit self-attested photocopy of his
Aadhaar Card and also submit his mobile number before the learned court
below which he will always keep active and will not change it during pendency
of this case without prior permission of the court.
6. Accordingly, the present interlocutory application is hereby allowed and
disposed of.
Criminal Revision No.606 of 2024
1. The present criminal revision is hereby admitted.
2. No notice is required to be issued as all the parties have already
appeared.
3. In the meantime, call for the Lower Court Records from the court
concerned.
(Rajesh Kumar, J.)
Amar/-
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