Devendra Kumar Singh vs The State Of Jharkhand & Anr. ...... Opp. ...
2024 Latest Caselaw 10569 Jhar

Jharkhand High Court

Devendra Kumar Singh vs The State Of Jharkhand & Anr. ...... Opp. ... on 21 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.1460 of 2023

     Devendra Kumar Singh                             ......        Petitioner
                                   Versus
     The State of Jharkhand & Anr.                    ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Navneet Sahay, Advocate For the State : Mr. Anup Pawan Topno, A.P.P For the O.P. No.02 : Mr. Chandan Kumar, Advocate

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st 08/Dated: 21 November, 2024 I.A. No.10016 of 2024

1. The present interlocutory application has been filed for suspension of sentence and grant of ad-interim bail, to the revisionist, during the pendency of the criminal revision application.

2. The present revision application has been filed against the judgment dated 05.07.2023, passed in Cr. Appeal No.19 of 2022, by the court of learned Sessions Judge, East Singhbhum, Jamshedpur, and the judgment of conviction and order of sentence dated 03.02.2022, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.269 of 2018, whereby the petitioner/ revisionist has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year and to pay the compensation of Rs.5,00,000/- to the complainant with default clause.

It appears that the revisionist is in custody since 15.12.2023. It further appears that there was a friendly loan between the parties.

3. It has been submitted by the learned counsel for the revisionist that the friendly loan does not constitute contract and further, transaction of Rs.9,00,000/- has been shown in cash and no material has been brought on record for using such a huge transaction in cash. On the above basis, suspension of sentence and grant of ad-interim bail to the revisionist has been prayed.

4. On the other hand, learned A.P.P and learned counsel for

-1- Cr. Revision No.1460 of 2023 the opposite party have opposed the prayer for suspension of sentence.

5. Considering the above fact, I am inclined to suspend the sentence and enlarge the revisionist on bail, during the pendency of the present revision application, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur, in connection with C/1 Case No.269 of 2018, subject to the condition that the revisionist will remain present before the Court when the revision is taken up for hearing, failing which his bail shall be cancelled.

6. I.A. No.10016 of 2024 stands allowed.

1. Admit.

2. Call for the L.C.R from the court concerned.

(Rajesh Kumar, J.) Chandan/-

                                -2-                 Cr. Revision No.1460 of 2023