Kaishar Ansari vs The State Of Jharkhand
2024 Latest Caselaw 10107 Jhar

Jharkhand High Court

Kaishar Ansari vs The State Of Jharkhand on 22 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Criminal Revision No.323 of 2024
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Kaishar Ansari, aged about 40 years, Son of Karim Ansari, Resident of Village- Serenghatu, P.O. Juriya, P.S. Senha, District-Lohardaga (Jharkhand) at present Resident of Bamandiha, Birsa Chowk, Kutmu, under ropeway Net, P.O. Nigni, P.S. & District-Lohardaga .... .... Petitioner

-Versus-

1. The State of Jharkhand

2. Kalindar Sahu, aged about 50 years, Son of Jagdish Sahu, Resident of Village- Bhandra, P.O. & P.S. Bhandra, District-Lohardaga, Jharkhand .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Sumit Prakash, Adv.

       For the State                          : Mrs. Priya Shrestha, Special P.P.
       For the O.P No.2                       : Mr. Robin Kumar, Adv.
                                                ----
                       nd
       07/Dated: 22 October, 2024

       1.      Heard the parties.

2. The instant criminal revision has been filed for setting aside the order dated 31.01.2024 passed in Criminal Appeal No.88/2023 by the court of learned District & Additional Sessions Judge-III, Lohardaga and affirming the judgment dated 31.08.2023 passed by the learned Sub-Divisional Judicial Magistrate, Lohardaga in Complaint Case No.538 of 2018 whereby and whereunder the petitioner has been convicted for offence under Section 138 of the N.I. Act and has been sentenced to undergo Simple Imprisonment for one year and to pay fine of Rs.2,25,000/- as compensation to the complainant.

3. It has been submitted by the learned counsel for the applicant that this applicant is in custody since 31.08.2023 and he has already completed more than a year in jail custody, but still he has not been released. However, the petitioner has filed an interlocutory application being I.A No.3491 of 2024 for suspension of sentence and grant of ad-interim bail.

4. In that view of the matter, the learned Court below is directed to issue the release order, if the petitioner has completed the sentence and submit a report in this regard within two weeks.

5. Accordingly, put up this case on 19.11.2024.

(Rajesh Kumar, J.)

Raja/-

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