Jharkhand High Court
Subodh Singh vs The State Of Jharkhand on 17 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 27 of 2025
With
I.A. No. 13569 of 2024
With
I.A. No. 13568 of 2024
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Subodh Singh ..... Petitioner
Versus
1.The State of Jharkhand
2.Manish Gupta ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Zaid Ahmad, Advocate
For the State : Mrs. Ruby Pandey, A.P.P.
For the O.P.No.2 : Mr. Kalyan Banerjee, Advocate
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02/17th January, 2025
I.A. No. 13569 of 2024
This Interlocutory Application has been filed
under Section 5 of the Limitation Act for condonation
of delay of 1174 days in filing the present Criminal
Revision.
2. Having heard learned counsel for the
petitioner, learned counsel for the State and learned
counsel for the O.P. No.2 and taking into
consideration the factum of compromise between the
petitioner and the O.P.No.2 and in the light of the
averments made in Paragraph No.s 7 and 8 of this
Interlocutory Application, the delay of 1174 days is
condoned.
3. Thus, this I.A. No. 13569 of 2024 is
allowed and stands disposed of.
4. This Criminal Revision has been filed
on behalf of the petitioner challenging the common
judgment dated 27.07.2019, passed in Criminal
Appeal No. 132 of 2018 and Criminal Appeal No.139 of
2018, by Shri Ravi Ranjan, learned Addl. Sessions
Judge-IV, Dhanbad, by which the appeals filed by the
petitioner and one Md. Nizamuddin have been
dismissed, thereby affirming the judgment of
conviction and order of sentence dated 02.06.2018,
passed by Ms. Ritwika Singh, Judicial Magistrate, Ist
Class, Dhanbad in C.P. Case No. 1564 of 2012/T.R.
Case No. 1843 of 2018, by which the petitioner and
one Md. Nizamuddin have been convicted for the
offence under Section 138 of the N.I. Act and
sentenced to undergo simple imprisonment for a
period of one (01) year each and to pay the fine of
Rs13,50,000/- (Rupees Thirteen Lac Fifteen thousand
only) each as compensation by the accused-petitioner
and one Md. Nizamuddin for having committed the
offence punishable u/s 138 of the N.I. Act.
5. Learned counsel for the petitioner is
permitted to correct the provision of law in course of the
day.
The instant Interlocutory Application No.
13568 of 2024 has been filed under Section 442 of the
Bharatiya Nagarik Nyaya Sanhita, 2023 for grant of bail.
6. It is submitted that the petitioner and the
O.P. No.2 have got compromised the case and has filed
I.A. No. 471 of 2025 and the petitioner has paid the entire
amount of Rs. 13,49,000/- to the O.P.No.2 and as the
petitioner has been in custody since 17.10.2024, hence,
the petitioner may be enlarged on bail.
7. No objection has been raised by learned
counsel for the State.
8. Learned counsel for the O.P. No. 2 has
also admitted the factum of compromise and has
submitted that the O.P. No. 2 has received the entire
amount of Rs.13,49,500/- from the petitioner and hence,
he has no grievance against the petitioner.
9. Having heard learned counsel for both the
sides and considering the compromise between both the
petitioner and the O.P. No. 2 and on the facts and in the
circumstance of the case, the petitioner, namely Subodh
Singh is directed to be released on bail on furnishing bail
bonds of Rs.10,000/- with two sureties of the like amount
each to the satisfaction of Ms. Ritwika Singh, learned
Judicial Magistrate, 1st Class, Dhanbad/or her Successor
Court in connection with C.P. Case No. 1564 of 2012/T.R.
Case No.1843 of 2018.
10. Thus, this I.A. No. 13568 of 2024 is
allowed and stands disposed of.
Criminal Revision No. 27 of 2025
11. Call for the scanned copies of the Lower
Court Record
12. Put up this case on 5th February, 2025.
(Sanjay Prasad, J.)
s.m.
