Jharkhand High Court
Shailendra Kumar Jaiswal vs The State Of Jharkhand on 27 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 148 of 2025
....
Shailendra Kumar Jaiswal, age 51 years S/o Bhim Prasad
Jaiswal, r/o-Koiribandh, PO and PS- Jharia, Dist.-Dhanbad,
Jharkhand ......Petitioner
Versus
1. The State of Jharkhand
2. Gopal Modi, S/o Late Kapil Modi, R/o- 4 No. Sabji Bagan,
PO and PS- Jharia, Dist.- Dhanbad, Jharkhand
...... Opp. Parties.
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Shadab Eqbal, Advocate
For the State : Mr. Rajesh Kumar, APP
For the O. P. No. 2 : Mr. Rajesh Kumar, Advocate
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07/27.02.2025 The present Criminal Revision has been filed
challenging the judgment dated 02.08.2024 passed in Criminal
Appeal No. 144 of 2022 by Sri Durgesh C. Awasthi, learned
Additional Sessions Judge-XVI, Dhanbad by which learned
Additional Sessions Judge-XVI, Dhanbad has dismissed the
Criminal Appeal No. 144 of 2022 by affirming the judgment of
conviction and order of sentence dated 18.11.2022 passed by
Shri Suresh Oraon, Judicial Magistrate, 1st Class, Dhanbad in
connection with Complaint Case No. 3728 of 2018 by which the
petitioner has been convicted for the offence under Section 138
of the N. I. Act and sentenced to undergo S.I. for a period of
nine (9) months and further directed to pay Rs. 3,00,000/- to
the complainant as compensation.
2. The instant I.A. No. 1506 of 2025 has been filed on
behalf of the petitioner for suspension of sentence and for grant
of bail during pendency of the present Criminal Revision.
3. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
4. It is submitted by the learned counsel for the petitioner
that judgements and order passed by the learned Court below
are illegal and arbitrary and not sustainable in the eye of law. It
is submitted that the petitioner is ready to settle the dispute with
the opposite party no. 2 and for the present he is ready to
deposit Demand Draft of Rs. 50,000/- in the name of opposite
party no. 2. It is submitted that the petitioner is in custody since
21.01.2025 and as such, he may be enlarged on bail.
5. No objection raised by the learned counsel for the State.
6. Learned counsel for the opposite party no. 2 has also
raised objection.
7. Considering the facts and in the circumstances of the
case, during pendency of this Criminal Revision, the petitioner
namely Shailendra Kumar Jaiswal is directed to be released on
provisional bail for a period of six (6) months from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Shri Suresh Oraon, Judicial Magistrate, 1st Class, Dhanbad/or
his Successor Court in connection with Complaint Case No.
3728 of 2018 subject to condition that the petitioner will deposit
Demand Draft of Rs. 50,000/- in the name of opposite party no.
2 at the time of furnishing the bail bonds, which may be handed
over to the opposite party no. 2 by the learned Court below.
8. Thus, I.A. No. 1506 of 2025 is allowed and stands
disposed of.
9. I.A. No. 11417 of 2024 exemption for surrender is
dismissed as having been infructuous in view of the arresting of
the petitioner.
10. Let a copy of this order be sent to the learned
Court below.
11. Call for the scanned copy of the Lower Court Records.
12. Put up this case on 27.03.2025.
(Sanjay Prasad, J.)
Kamlesh/
