Kanchan Sinha vs The State Of Jharkhand
2025 Latest Caselaw 1485 Jhar

Jharkhand High Court

Kanchan Sinha vs The State Of Jharkhand on 10 January, 2025

Author: S. N. Pathak

Bench: S.N. Pathak

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 23 of 2025
    Kanchan Sinha, aged about 48 years, wife of Sri Girish Prasad Sinha,
    resident of Panchsheel Nagar, P.S.- Sukhdeonagar, P.O.- Hehal, District-
    Ranchi                                       ...    .... Petitioner
                             Versus
    1.    The State of Jharkhand
    2.    Lalti Devi wife of Ram Dular Saw, resident of Panchsheel Nagar,
          P.S.- Sukhdeonagar, P.O.- Hehal, District- Ranchi.
                                                 ... ...         Opp. Parties
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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    For the Petitioner       :       Mr. Rajiv Nandan Prasad, Advocate
                                     Mr. Pankaj Kumar, Advocate
    For the State            :       Mr. Anup Pawan Topno, APP
                             --------
          I.A. No. 13436 of 2024

5/ 10.01.2025     This interlocutory application has been filed for grant of bail to

the petitioner during the pendency of the criminal revision.

The present revision has been filed against the judgment dated 23.08.2024 passed in Cr. Appeal No.217 of 2024, by the court of learned Judicial Commissioner, Ranchi, affirming the order of conviction and sentence dated 13.06.2024 passed by the court of learned Judicial Magistrate, Fact Track-III, Ranchi, in Complaint Case No. 434 of 2021, whereby the petitioner has been convicted for the offence under Section 138 of the N.I. Act and sentenced to undergo simple imprisonment for six month and fine of Rs. 12,00,000/-.

Mr. Rajiv Nandan Prasad, learned counsel appearing for the petitioner submits that the petitioner was all along on bail during trial and she has surrendered on 5.12.2024 and since then, she has remained in custody. Learned counsel submits that the petitioner is ready and willing to furnish reliable and sufficient sureties to the satisfaction of the Trial Court, in the event of her release on bail.

Learned counsel appearing for the State opposes the prayer for bail of the petitioner.

In the facts of this case and considering the fact that the petitioner is languishing in jail for more than one month, I am inclined to enlarge petitioner, Kanchan Sinha, on bail, during the pendency of the present

revision, on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Shri Kumar Sourav Tripathy, Judicial Magistrate, Fast Track-III, Ranchi, in connection with Complaint Case No. 434 of 2021 (T.R. No.633 of 2024), subject to the condition that the petitioner will remain present before the Court when the revision is taken up for hearing, failing which her bail shall be cancelled.

The aforesaid interlocutory application stands allowed.

This revision is admitted for hearing.

Call for the records from the Court of learned Judicial Magistrate, Fast Track-III, Ranchi in connection with Complaint Case No. 434 of 2021 (T.R. No. 633 of 2024).

Issue notice to the opposite party no. 2, for which requisites etc. must be filed within two weeks through registered cover with A/D, as also under ordinary process.

(Dr. S. N. Pathak, J.) R.Kr