Jharkhand High Court
Krishna Ram vs The State Of Jharkhand on 7 July, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 608 of 2025
Krishna Ram ...... Petitioner
Versus
1.The State of Jharkhand
2.Subhash Modi ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Diwakar Jha, Advocate
For the State : Mr. Pankaj Kumar Mishra, APP
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th
02/Dated:07 July, 2025
I.A. No.5796 of 2025
I.A No.5796 of 2025 has been filed on behalf of the
petitioner under Section 5 of the Limitation Act for condoning the
delay of 197 days.
2. It has been submitted that the petitioner has no concern with
the land in question and it was mainly between the complainant-
O.P. No.2 and one Santosh Kumar and due to financial crunch, he
could not file the instant Criminal Revision Application within
time and hence the delay of 197 days may be condoned.
3. Learned APP has raised objection.
4. Having heard learned counsel for parties and in view of the
averments made in paragraph 4 and 5, the delay of 197 days in filing
of the instant Criminal Revision is hereby condoned.
5. Thus, I.A. No. 5796 of 2025 is allowed and stands disposed of.
6. This Criminal Revision Application has been filed on behalf
of the petitioner by challenging the judgment dated 12.07.2024
passed by Sri Bal Krishan Tiwari, learned Sessions Judge,
Koderma in Cr. Appeal No.35 of 2023 by which the appeal filed
on behalf of the petitioner has been dismissed thereby affirming
the judgment of conviction and order of sentence dated 29.05.2023
passed by Ms. Shivangi Priya, learned Judicial Magistrate, 1st
Class, Koderma in C. Case No.687 of 2020 (T.R No.1477/2023)
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 three
(03) months and to pay Rs.2,20,000/-.
7. I.A. No.8261 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail to the
petitioner, during pendency of the present Criminal Revision
Application.
8. Learned counsel for the petitioner submitted that the
impugned judgments and sentence passed by the learned Courts
below are illegal, arbitrary and not sustainable in the eye of law. It
has been submitted that there was an agreement between the
complainant-O.P. No.2 and one Santosh Kumar regarding the
purchase of 6.33 Decimal of land and for which payment was
made by the O.P. No.2 to the said Santosh Kumar. It is submitted
the petitioner was a mediator and he had tried to settle the issues
and had also paid Rs.50,000/- out of Rs.2,00,000/- to the O.P.
No.2. It is submitted that the petitioner is in custody since
14.04.2025 and hence, the petitioner may be enlarged on bail.
9. On the other hand, learned APP for the State has opposed
the prayer for bail.
10. Having heard learned counsel for the parties and on perusal
of the judgment and order passed by the learned Courts below, it
would appear that there was an Agreement (i.e. Exhibit-4) to sell
the land on 16.03.2016 between the complainant-O.P. No.2 and
one Santosh Kumar. However, sale deed could not be executed as
it was found that the land in question was hit by the provision of
CNT Act.
11. It appears that the petitioner is in custody since 14.04.2025
and has almost served the sentence.
12. Considering the custody of the petitioner and on the facts
and in the circumstances of this case, the petitioner namely,
Krishna Ram is directed to be released on bail, on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand only) with two sureties of
the like amount each, to the satisfaction of Ms. Shivangi Priya,
learned Judicial Magistrate, 1st Class, Koderma/ or her Successor
Court in C. Case No.687 of 2020 (T.R No.1477/2023).
13. I.A. No.8261 of 2025 is allowed and stands disposed of.
14. Issue notice to the O.P. No.2 by registered post with A/D as
well as ordinary process, for which requisites etc. must be filed
within two weeks from today.
15. Call for the scanned copy of the Lower Court Records.
16. Put up this case on 11.09.2025.
(Sanjay Prasad, J.)
Saket/-
