Jharkhand High Court
Vijendra Sharma vs The State Of Jharkhand on 23 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1194 of 2024
With
I.A. No. 12035 of 2024
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Vijendra Sharma ..... Petitioner
Versus
1.The State of Jharkhand
2.Shyam Kishor Prasad
..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Manindra Kr. Sinha, Advocate
For the State : Mr. Naveen Kr. Ganjhu, A.P.P.
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rd
05/23 January, 2025
1. This Criminal Revision Application has
been filed by the petitioner challenging the judgment
dated 02.09.2024, passed by Shri Diwakar Pandey,
learned Judicial Commissioner, Ranchi in Criminal
Appeal No. 229 of 2024, by which the appeal preferred by
the petitioner has been dismissed, thereby affirming the
judgment of conviction and order of sentence dated
13.06.2024, passed by Shri Raj Kumar Pandey, J.M.F.C.,
Ranchi, in connection with Complaint Case No. 4794 of
2019, by which the petitioner has been convicted for the
offence under Section 138 of N.I. Act. and sentenced to
undergo S.I. for a period of one year and also to pay a fine
of 15,00,000/- to the Complainant by way of
compensation in terms of Section 357(3) of Cr.P.C.
2. The instant Interlocutory Application has been
filed on behalf of the petitioner for grant of bail during
pendency of this Criminal Revision Application.
3. Learned counsel for the petitioner has
submitted that the impugned judgments and sentence
passed by the learned Courts below are illegal and not
sustainable in the eye of law. It is submitted that the
petitioner has paid approximately a sum of Rs. 5,00,000/-
to the O.P. No. 2, however, the defence of the petitioner
has not been considered by the learned Courts below. It is
submitted that the petitioner is still ready to deposit
Rs.50,000/- in the name of O.P. No.2. It is submitted that
the petitioner is in custody since 25.10.2024 and he may
be enlarged on bail.
4. On the other hand, learned A.P.P. appearing for
the State has opposed the prayer for bail. It is submitted
that Notice may be issued upon O.P. No.2. It is submitted
that no illegality has been committed by the learned Trial
Court by convicting the petitioner, which was rightly
affirmed by the learned Appellate Court, hence the prayer
for bail may be rejected.
5. Heard learned counsel for both the sides.
6. It appears that the petitioner had filed
Bank Statement in Thirty two sheets, marked as Ext.D-
1/Ext.D-2. This appears to be a case of alleged friendly
loan. It further appears from the judgment of the learned
Appellate Court that the petitioner has paid Rs.2,00,000/-
(Rupees Two lacs) to the O.P.No.2.
7. On the facts and in the circumstances of
this case and taking into consideration the period of
custody of the petitioner and in view of the fact that the
petitioner is ready to settle the dispute with the O.P. No.
2, the petitioner, namely Vijendra Sharma 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 Shri Raj Kumar Pandey, learned
Judicial Magistrate, 1st Class-XXIV, Ranchi or his
Successor Court in connection with Complaint Case No.
4794 of 2019. However, the petitioner shall deposit a
Demand Draft of Rs.50,000/- (Rupees Fifty thousand)
within two weeks on being released from jail in the name
of the O.P. No.2 in the Office of the learned Registrar
General and the learned Registrar General is directed to
keep the same in safe custody and the same will not be
handed over to the O.P. No.2 till further order of this
Court.
8. Thus, this I.A. No. 12035 of 2024 is allowed
and stands disposed of.
Criminal Revision No. 1194 of 2024
9. Call for the scanned copy of the Lower Court
Record.
10. Issue Notice upon the O.P. No.2 by Registered
Post with A/D as well as Ordinary Process, as to why this
Criminal Revision Application shall not be admitted and
disposed of at the stage of admission itself for which
requisites etc. must be filed within 10 days from today.
11. Put up this case on 27th March, 2025.
12. Let a copy of this order be sent to the office of the
learned Registrar General.
(Sanjay Prasad, J.)
s.m.
