Jharkhand High Court
Rashid Yusuf vs The State Of Jharkhand on 5 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.52 of 2025
....
Rashid Yusuf, Son of Abdul Yusuf, aged about 42 years, Resident
of Court of Road, Near Baba Math, Palmerganj, P.O. & P.S.-
Lohardaga, District Lohardaga, Jharkhand-835302
......Petitioner
Versus
1. The State of Jharkhand
2. Kumar Shailesh, S/o Prof. Pramanand Prasad, R/o Rana chowk
Upper Bazaar, P.O. & P.S. Lohardaga, District-Lohardaga,
Jharkhand ......Opp. Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Md. Afaque Rashidi, Advocate
For the State : Mr. Vineet Kumar Vashistha, A.P.P
For the O.P. No.2 : None
......
Order No.03/05.03.2025
I.A. No.13086 of 2024
It appears from the Office Note dated 03.03.2025 that
notice has been received by Opposite Party No.2 himself.
However, when the case is called out, none appears on behalf of
the Opposite Party No.2.
2. This Criminal Revision Application No.52 of 2025 has
been filed on behalf of the petitioner challenging the judgment
dated 09.10.2024 passed in Criminal Appeal No.39 of 2023 by
Mrs. Neerja Ashri, learned Additional Sessions Judge-II,
Lohardaga by which the appeal filed on behalf of the petitioner has
been dismissed thereby affirming the judgment of conviction and
order of sentence dated 17.05.2023 passed by Ms. Puja Kumari
Lal, learned Judicial Magistrate 1st Class, Lohardaga in Complaint
Case No.207 of 2019 by which the petitioner has been convicted
for the offence under Section 138 of N.I. Act and sentenced to
undergo R.I. for two years and pay the compensation of
Rs.1,60,000/- (One Lakh Sixty thousand) under Section 357(3) of
Cr.P.C.
3. I.A. No.13086 of 2024 has been filed on behalf of the
petitioner for grant of bail, during pendency of this Criminal
Revision Application.
4. Heard learned counsel for the petitioner and learned A.P.P.
5. Learned counsel for the petitioner has submitted that the
impugned judgments and order passed by learned Court below are
illegal and arbitrary and not sustainable in the eye of law. It is
further submitted that the parties are known to each other and the
Cheque of Rs.1,40,000/- was misused by the Complainant-O.P.
No.2. It is further submitted that the petitioner is ready to settle the
dispute with O.P. No.2. It is further submitted that the petitioner is
in custody since 29.10.2024 i.e. for more than four (04) months
and hence, the petitioner may be enlarged on bail.
6. Learned counsel for the State opposed the prayer for bail.
It is submitted that the petitioner has stopped the payment of his
bank account and as such the cheque was dishonoured.
7. Having heard learned counsel for both the sides and going
through the Lower Court Records of this case, it appears that this is
a case of friendly loan.
8. It also appears that O.P. No.2 has not appeared despite
receiving the notice, however, the petitioner is in custody since
29.10.2024.
9. Hence, considering the facts and circumstances of this
case and considering the custody of the petitioner namely Rashid
Yusuf is directed to be released on Provisional bail for the period
of six months on furnishing of bail bonds of Rs.10,000/- (Rs. Ten
Thousand) with two sureties of the like amount each, to the
satisfaction of passed by Ms. Puja Kumari Lal, learned Judicial
Magistrate 1st Class, Lohardaga in Complaint Case No.207 of
2019, or her Successor Court.
10. Thus, I.A. No. 13086 of 2024 is allowed and disposed of
11. Issue fresh notice to the O.P. No.2, as to why this Criminal
Revision Application may not be 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 by ordinary process must be
filed within two weeks from today.
12. Put up this case on 2nd May 2025.
(Sanjay Prasad, J.)
Nishant/-
