Jharkhand High Court
Chhotan Oraon vs The State Of Jharkhand on 17 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 536 of 2025
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Chhotan Oraon ......Petitioner
Versus
1. The State of Jharkhand
2. Surendra Sahu ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Prashant Kr. Rahul, Advocate
For the State : Mr. Bishambhar Shastri, A.P.P
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Order No: 02/Dated: 17.06.2025
I.A No. 6891 of 2025
I.A No. 6891 of 2025 has been filed on behalf of the
petitioner under Section 5 of the Limitation Act for condoning the
delay of 24 days in filing this instant Criminal Revision
Application.
2. Learned counsel for the petitioner has submitted that the
petitioner was not aware of the order passed by the learned
Appellate Court and due to financial crunch, there is delay of 24
days in filing this Criminal Appeal and hence, the delay of 24 days
in filing this instant Criminal Revision Application may be
condoned.
3. Learned A.P.P has opposed the prayer for bail.
4. Having heard learned counsel for both the sides and in
view of the averments made in Paragraph nos. 4 to 7 of the
I.A No. 6891 of 2025, the delay of 24 days in filing this instant
Criminal Revision Application is, hereby, condoned.
5. Thus, I.A No. 6891 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
31.01.2025 passed in Criminal Appeal No. 33 of 2024 by
Sri Manoj Kumar Singh, learned Sessions Judge, Latehar by which
the appeal filed on behalf of the petitioner has been dismissed
thereby, affirming the judgment of conviction and order of
sentence dated 28.05.2024 passed by Sri Pranav Kumar, learned
Sub-Divisional Judicial Magistrate, 1st Class, Latehar in Complaint
Case No. 206 of 2022 corresponding to T.R No. 24 of 2024 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 six
(06) months and to pay the fine of Rs. 3,30,400/- by way of
compensation under Section 357(1)(b) of Cr.P.C.
7. I.A No. 6892 of 2025 has been filed on behalf of the
petitioner under Section 438 (1) of B.N.S.S, 2023 for grant of bail.
8. Learned counsel for the petitioner has submitted that the
impugned judgments and order of sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in the eye of
law. It is submitted that the petitioner is ready to pay the cheque
amount of Rs. 2,80,000/- for the present in question and is also
ready to settle the dispute with O.P No. 2. It is further submitted
that the petitioner has brought today the Bankers Cheque of Rs.
1,00,000/- dated 12.06.2025 drawn in the name of O.P No.2
Surendra Sahu and the photocopy of the said Bankers Cheque has
also been enclosed with the Supplementary Affidavit filed by the
petitioner. It is further submitted that the petitioner will pay the
remaining amount of Rs. 1,80,000/- in question within fifteen (15)
days. It is submitted that the petitioner is in custody since
05.06.2025 and hence, the petitioner may be enlarged on bail.
9. On the other hand, learned counsel for the State has
opposed the prayer for bail.
10. Having heard learned counsel for the petitioner and
learned counsel for the State and from going through the
averments made in I.A No. 6892 of 2025, it appears that the
petitioner is ready to settle the dispute with O.P No. 2 and also
ready to pay the cheque amount of Rs. 2,80,000/- (Rs. Two Lakh
Eighty Thousand) in question.
11. Under the circumstances, the petitioner is directed to
deposit the said Bankers Cheque of Rs. 1,00,000/- (Rs. One Lakh)
before the office of the learned Registrar General by today itself.
12. The Registrar General is directed to keep the said Bankers
Cheque of Rs. 1,00,000/- in safe custody and may be handed over
to the O.P No. 2 on filing such an application.
13. On the facts and in the circumstances of this case, the
petitioner namely Chhotan Oraon is directed to be released on
Provisional Bail for a period of four (04) months on furnishing bail
bonds of Rs. 15,000/- with two sureties of the like amount each to
the satisfaction of Sri Pranav Kumar, learned Sub-Divisional
Judicial Magistrate, 1st Class, Latehar/or his successor Court in
Complaint Case No. 206 of 2022 corresponding to T.R No. 24 of
2024 and one of the bailor should be the own relative of the
petitioner.
14. Thus, I.A No. 6892 of 2025 is allowed and stands
disposed of.
15. Issue notice to the O.P No. 2 as to why this Criminal
Revision Application be not admitted and/or disposed of at the
stage of admission itself and for which, requisites etc. under
registered cover with A/D as well as under ordinary process must
be filed within one week from today.
16. Call for the legible scanned copy of the Lower Court
Records.
17. Put up this case on 30th July 2025.
18. In the meantime, the petitioner is directed to deposit
demand draft of Rs. 1,80,000/- before the office of the learned
Registrar General within fifteen (15) days after being released from
jail.
19. Let a copy of this order be sent to the learned Registrar
General and be also sent to the learned Court below for the
needful.
(Sanjay Prasad, J.)
Avinash/
