Jharkhand High Court
Raj Kumar Tiwari Son Of Sri Awadhesh ... vs The State Of Jharkhand ... ... Opposite ... on 30 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev No. 797 of 2024
Raj Kumar Tiwari son of Sri Awadhesh Tiwari r/o vill-Baralota, PO-
Daltonganj, PS-Daltonganj town, Dist-Palamu ......... Petitioner
-Versus-
The State of Jharkhand ... ... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. Manindra Kr. Sinha , Advocate
:- Mr. Amit Kumar, Advocate
:- Mr. Rajesh Kumar, Advocate
For the State :-Mr. Md. Shahabuddin, APP
...
06/30.09.2024:
IA No.10759 of 2024
When the matter is called out, the learned counsels for the parties
are present.
That this interlocutory application is being filed for releasing the
petitioner on bail during the pendency of the instant Criminal Revision
which was filed against the order dated 15.05.2024 passed by the Learned
Additional Sessions Judge-III, Gumla in Criminal Appeal No. 59 of 2023
and against the judgment of conviction and order of Sentence dated
23.09.2023 passed by the learned Chief Judicial Magistrate, Gumla in
Gumla P.S. Case No. 324 of 2019 corresponding to G.R. Case No. 617 of
2020, Trial No. 732 of 2023.
That the instant Cr. Revision application is directed against the
order dated 15.05.2024 passed by the learned Court of Additional Sessions
Judge-III, Gumla in Criminal Appeal No. 59 of 2023 whereby and
whereunder the learned appellate Court has been pleased to dismiss the
appeal which has been filed against the judgment of conviction and order
of sentence dated 23.09.2023 passed by the learned Court of Chief Judicial
Magistrate, Gumla.
That the prosecution case in brief is that an FIR has been lodged by
Additional Director (Project), ITDA, Gumla namely Birendra Kumar
Sinha wherein it is alleged that Rs. 9,05,16,700/- was transferred from
State Bank of India, Gumla Branch Account No. 11400473211 to Axis
Bank, Kotpad Branch Account No. 918020058032444 through fake
Cheque No. 852393 dated 26.09.2019. In his complaint Informant also
made the Staff and Officers of Bank accused in this case as he
apprehended that Bank officials had mis-appropriated the said huge
amount. The alleged original unused cheque No. 852393 is in the office of
Informant and seems that accused persons had made the clone
That that the petitioner is a petty contractor and Manish Kumar
Pandey who is having contract for installation of the street light in the
locality, has given this work to the petitioner and against the said work
Manish Kumar Pandey has transferred Rs. 50,000/- in his account from
the account of Chandu Lal Patel, and the present petitioner is totally
unaware about any cheating committed by the co-accused and he has
simply accepted the said amount against the work done by him apart from
this the petitioner is no-where connected with the co-accused thus in the
light of the said facts the petitioner deserves to be enlarged on bail during
pendency of the instant revision application.
That the learned trial court has failed to take consideration of the
statement of P.W.-56 that two mobile numbers i.e. 7257815212 and
7033481529 were found in the place of occurrence, but those mobile
numbers do not belong to the petitioner and he is not concerned with those
mobile numbers.
That the petitioner remained in Judicial custody during trial of the
case for the period of about 8 months and he was granted regular bail from
this Hon'ble High Court in B.A. No. 1607 of 2021 and thereafter on
conviction, the petitioner was taken into custody on 23.09.2023 and since
then he is languishing in jail custody and as such the total custody of the
petitioner is about 20 months till date.
The counsel further submitted that one of the co-accused namely
Sajan Raj@Manish Jain@Mangal has been granted the suspension of
sentence during pendency of the revision vide order dated 09.09.2024
passed in Cr. Rev. No. 802 of 2024 by this Court and therefore the
petitioner seeks parity.
The learned counsel for the State has opposed the prayer for bail
of the petitioner during pendency of the revision and submitted that in
this case allegations are regarding the embezzlement of money which
was also transferred to the bank account of this petitioner and it seems
that all the co-accused persons were hand-in- gloves in the alleged
offence.
Having heard learned counsels for the parties and in the facts
and circumstances on record, gone through the custodial period and
the cited bail orders, the petitioner, named above, is ordered to be
released on bail during pendency of this criminal revision on executing
bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with
two sureties of the like amount each to the satisfaction of Learned
Chief Judicial Magistrate, Gumla in connection with Gumla, P.S. Case
No. 324 of 2019 corresponding to G.R. Case No. 617 of 2020, Trial
No. 732 of 2023 subject to the condition that:-
i) the petitioner shall submit self-attested photocopy of his
Aadhaar Card and mobile number before the learned court below
which he will always keep active and will not change it during
pendency of the case without prior permission of the Court.
Accordingly, IA No. 10759 of 2024 is allowed.
Heard.
Admit.
Put up this case along with Cr. Rev No. 802 of 2024 after 4
weeks.
(Ratnaker Bhengra, J.)
Abha/
