Jharkhand High Court
Santosh Kumar Rai vs The State Of Jharkhand on 19 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.281 of 2025
....
Santosh Kumar Rai, aged about 51 years, son of Late Jugal
Kishore Rai, resident of Road No.16, Block No.58/2/2,
Adityapur-I, P.O.-Adityapur, P.S. Adityapur, District Seraikella-
Kharsawan, Jharkhand
......Petitioner
Versus
1. The State of Jharkhand
2. Vinod Kumar Singh, son of Sri Ramjee Singh, resident of 6,
Phase-I, River View Colony, Near Baroda Ghat, Jugsalai, P.S.-
Jugsalai, Town Jamshedpur, District East Singhbhum,
Jharkhand
......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Indrajit Sinha, Advocate
Mr. Akhouri Awinash Kumar, Advocate
Ms. Ashiwini Priya, Advocate
For the State : Mr. Pankaj Kr. Mishra, A.P.P
For the O.P. No.2 : Mr. Ajay Kr. Pathak, Advocate
......
Order No.02/19.03.2025
I.A. No.2872 of 2025 has been filed on behalf of the
petitioner for condoning the delay of 199 days in filing this instant
Criminal Revision Application.
2. Learned counsel for the petitioner has submitted that due
to financial crunch, the petitioner could not deposit the amount
within time. However, he is ready to settle the dispute with the O.P.
No.2 and hence the delay of 199 days in filing of this Criminal
Revision Application may be condoned.
3. Learned APP and learned counsel for the O.P. No.2 has
raised objection.
4. Having heard learned counsel for both the sides and in
view of the averments made in Paragraph Nos. 6 to 9 of the
I.A. No. 2872 of 2025 the delay of 199 days in filing the instant
Criminal Revision Application is hereby condoned.
5. Thus, I.A. No. 2872 of 2025 is allowed and stands
disposed of.
6. Learned counsel for the petitioner is permitted to
incorporate the date of custody of the petitioner in Paragraph 13 of
I.A. No.3151 of 2025 in course of the day.
7. This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
06.05.2024 passed in Criminal Appeal No.242 of 2023 by
Sri Abhas Verma, learned Additional Sessions Judge-II,
Jamshedpur by which the appeal filed on behalf of the petitioner
has been dismissed thereby affirming the judgment of conviction
and order of sentence dated 27.09.2023, passed by Sri Rajendra
Prasad, Judicial Magistrate 1st Class, Jamshedpur in connection
with C/1 Case No.658 of 2021, corresponding to T.R. No.771 of
2023 by which the petitioner has been convicted for the offence
under Section 138 of N.I. Act and sentenced to undergo S.I. for
one (01) year and to pay fine of Rs.2,25,000/- and Rs.2,20,000/- is
to be paid as compensation to the complainant-O.P. No.2.
8. I.A. No.3151 of 2025 has been filed on behalf of the
petitioner for grant of bail, during pendency of the Criminal
Revision Application.
9. Learned counsel for the petitioner submitted that the
petitioner is ready to settle the dispute with the O.P. No.2 and
ready to pay the compensation amount of Rs.2,20,000/- by way of
Demand Draft in the name of the O.P. No.2 before the Office of the
learned Registrar General through his family members and as the
petitioner is in custody since 06.12.2024, hence he may be
enlarged on bail.
10. On the other hand, learned A.P.P has raised the objection.
11. It appears that this is a case of under Section 138 of
N.I. Act and the petitioner is ready to pay the compensation
amount of Rs.2,20,000/- out of Rs.2,25,000/-.
12. Considering the facts and as the petitioner is in custody
since 06.12.2024, the petitioner namely Santosh Kumar Rai is
directed to be released on Provisional Bail for the period of four
months, on furnishing bail bonds of Rs.10,000/- (Rs.Ten
Thousand) with two sureties of the like amount each, to the
satisfaction of Sri Rajendra Prasad, J.M. 1st Class, Jamshedpur or
his Successor Court in connection with C/1 Case No. 658 of 2021
corresponding to T.R. No.771 of 2023, subject to the condition that
the petitioner or the family members of the petitioner shall deposit
the demand draft of Rs. 2,20,000/- in the name of the O.P. No.2
before the Office of learned Registrar General and shall also file
the photocopy of the said Demand Draft before the learned Court
below within the said period and shall file an affidavit to this
effect.
13. Thus, I.A. No.3151 of 2025 is allowed and stands
disposed of.
Cr.Rev.281 of 2025
14. 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 by ordinary process must be
filed within one weeks from today.
15. Call for the legible scanned copy of the Lower Court
Records.
16. Put up this case on 9th April 2025.
17. Let a copy of this order be sent to the Office of learned
Registrar General and also to the learned Court below for the
needful.
(Sanjay Prasad, J.)
Nishant/-
