Safdar Alam @ Bablu Mian vs The State Of Jharkhand
2025 Latest Caselaw 1321 Jhar

Jharkhand High Court

Safdar Alam @ Bablu Mian vs The State Of Jharkhand on 1 August, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Rev. No. 611 of 2024
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Safdar Alam @ Bablu Mian ... .... Petitioner Versus

1. The State of Jharkhand

2. Laxman Singh ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Md. Faruque Ansari, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P. For Opp.Party No.2 : Mr. Prakhar Harit, Advocate

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Oral Order 08 / Dated : 01.08.2025

1. The instant criminal revision petition has been preferred against the judgment of conviction and sentence passed under Section 138 of N.I. Act by the Trial Court and affirmed in appeal. A sentence of simple imprisonment of 8 months and a fine of Rs. 3,25,000/- was imposed.

2. On 01.10.2024, learned counsel for the petitioner gave an undertaking to make payment of Rs. 1,00,000/-, out of Rs. 3,25,000/, and on the said undertaking, he was exempted from surrendering before the court below. Further, on 18.03.2025 when it was brought to the notice of the Co-ordinate Bench of this Court that said Rs.1,00,000/- has still not been paid, a further undertaking was given to pay the rest amount within four weeks.

3. Learned counsel for the petitioner today seeks further four weeks adjournment to pay the compensation amount. This Court does not have any faith in the undertaking being given, as on two earlier occasions, his undertakings have been found to be false.

4. The prayer for exemption from surrendering has already been rejected by the Co-ordinate Bench of this Court vide order dated 18.03.2025 and, therefore, petitioner is directed to surrender before the Court below within two weeks and furnish the surrender certificate.

The case will be listed after two weeks. In the event of the petitioner not surrendering within the stipulated time, the Trial Court to take all coercive measures to secure his surrender to serve the remaining sentence.

Let this order be forthwith communicated to the trial court.

(Gautam Kumar Choudhary, J.) AKT/Satayendra