Jharkhand High Court
Swapan Kumar Sarkar @ Sapan Kumar Sarkar vs The State Of Jharkhand on 6 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 575 of 2024
Swapan Kumar Sarkar @ Sapan Kumar Sarkar, Aged about 54 years,
Son of Late Amar Chand Sarkar, Resident of Railway Quarter
No.J/17/2, Chakradharpur, P.O. & P.S-Chakradharpur, District-West
Singhbhum ...... Petitioner
Versus
1.The State of Jharkhand
2.Rajesh Kumar Mishra, S/0 Late Ramdeo Mishra, Resident of Railway
Quarter No.0/98/1, Porter Kholi, Ward No.11, P.O & P.S-
Chakradharpur, District-West Singhbhum ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Lukesh Kumar, Advocate
For the State : Mr. Vijoy Kumar Sinha, APP
For the O.P. No.2 : Mr. Praveen Shankar Prasad, Advocate
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th
04/Dated:06 March, 2025
I.A. No.2551 of 2025
Learned counsel for the petitioner seeks permission to
rectify the date of custody in paragraph no.3 of I.A. No.2551 of
2025 in which it has been mentioned as 06.02.2024 instead of
06.02.2025.
2 The learned counsel for the petitioner is allowed to modify
the date of the custody in said para-3 of the I.A. No.2551 of 2025.
3. This Criminal Revision Application has been filed on behalf
of the petitioner challenging the judgment dated 11.03.2024
passed by Vishwa Nath Shukla, learned Sessions Judge, Chaibasa
in Cr. Appeal No.98 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 24.07.2023
passed by Ms. Rajshree Aparna Kujur, learned Judicial
Magistrate-Ist Class at Chaibasa in connection with Complaint
Case no.14 of 2022/T.R No.125/2023 by which the petitioner has
been convicted for the offence under Section 138 of N.I. Act and
sentenced to undergo R.I. for one (01) year and six (06) months
and to pay the fine of Rs.9,80,000/- as compensation as per section
143 (1) (Proviso) NI Act R/w Section 357(1) (3) of Cr.P.C within
two months.
4. I.A. No.2551 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.
5. Heard Mr. Lukesh Kumar, learned counsel for the petitioner
and Mr. Vijoy Kumar Sinha, learned APP for the State and Mr.
Praveen Shankar Prasad learned counsel for the O.P. No.2.
6. Learned counsel for the petitioner submitted that the case
has been compromised between the petitioner and the O.P. No.2
and the petitioner has paid Rs.2,25,000/- by way of cash in the
light of the settlement agreement and also paid Rs.3,00,000/ to the
brother of the O.P. No.2 through Cheque no.002832 dated
13.01.2025 and thus the petitioner has paid total Rs.5,25,000/- to
the O.P. No.2 and the petitioner willing to settle the dispute with
O.P. No.2 and is ready to pay the rest amount @ 10,000/- per
month and for which he has filed I.A. No.2840 of 2025. It is
submitted that the petitioner is in custody since 06.02.2025 and
hence, the petitioner may be enlarged on bail on the basis of
compromise.
7. No objection has been raised by the learned APP appearing
for the State.
8. On the other hand, learned counsel for the O.P. No.2 also
raised no objection and submitted that the O.P. No.2 has received
Rs.5,25,000/- from the petitioner and the O.P. No.2 is also ready
to settle the dispute with the petitioner and he has no objection, if
the bail is granted to the petitioner.
9. Having heard the learned counsel for both the sides and on
going through the records, it appears to be a case of friendly loan.
10. It appears that one Joint Compromise Petition vide I.A.
No.2840 of 2025 has been filed by both the petitioner and the O.P.
No.2 regarding the terms and the manner of compromise.
11. It also appears that petitioner has paid Rs.3,00,000/- by way
of Cheque no.002832 dated 13.01.2025 in the Bank Account of
the brother of the O.P. No.2 namely, Daya Shankar Mishra and
also paid Rs.2,25,000/- as cash which has been acknowledged by
the O.P. No.2 by putting his signature on the settlement agreement
which has been enclosed as Annexure-IA/2 in the instant
interlocutory application.
12. Considering the compromise between both the sides and
also considering the custody of the petitioner namely, Swapan
Kumar Sarkar @ Sapan Kumar Sarkar is directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only)
with two sureties of the like amount each to the satisfaction of Ms.
Rajshree Aparna Kujur, learned Judicial Magistrate-Ist Class at
Chaibasa/or her Successor Court in connection with Complaint
Case no.14 of 2022/T.R No.125/2023.
13. Thus, I.A. No.2551 of 2025 is allowed and stands disposed
of.
14. Call for the scanned copy of the Lower Court Records.
15 Put up this case in the month of September, 2025 'For
Admission.'
16. In the meantime, the petitioner should implement the terms
and conditions of the compromise.
(Sanjay Prasad, J.)
Saket/-
