Jharkhand High Court
Devendra Das vs The State Of Jharkhand on 19 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 259 of 2025
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Devendra Das ......Petitioner
Versus
1. The State of Jharkhand
2. Tata Motors Finance Ltd. ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Anjani Kumar, Advocate
For the State : Mr. Sunil Kr. Dubey, A.P.P
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Order No: 02/ Dated: 19.03.2025
I.A No. 12672 of 2024
1. I.A No. 12672 of 2024 has been filed on behalf of the
petitioner for condoning the delay of 197 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 file this Criminal
Revision Application within time and hence, the delay of 197 days
in filing this Criminal Revision Application may be condoned.
3. Learned counsel for the State raised objection.
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. 12672 of 2024, the delay of 197 days in filing this instant
Criminal Revision Application is hereby condoned.
5. Thus, I.A No. 12672 of 2024 is allowed and stands disposed of.
6. This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
13.02.2024 passed in Criminal Appeal No. 99 of 2023 by
Sri Anil Kumar Mishra, No.1, learned Sessions Judge, East
Singhbhum, 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 27.04.2023 passed by Sri
Vikash Kumar Bhagat, learned Judicial Magistrate, 1st Class,
Jamshedpur in connection with Complaint Case No. 2196 of 2016,
by which the petitioner has been convicted for the offence under
Section 138 of the N.I Act and sentenced to undergo imprisonment
for one (01) year and also to pay the fine of Rs. 11,30,000/- to the
complainant.
7. Heard Mr. Anjani Kumar, learned counsel for the petitioner
and Mr. Sunil Kumar Dubey, learned counsel appearing on behalf
of the State.
8. I.A. No. 12670 of 2024 has been filed on behalf of the
petitioner for grant of bail during pendency of this Criminal
Revision Application.
9. 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 will deposit a demand draft of
Rs. 50,000/- after being released from jail within ten (10) days and
will also deposit Rs. 50,000/- within one (01) month thereafter in
the name of O.P No. 2 and the petitioner is also ready to settle the
dispute with O.P No.2 and hence, the petitioner may be enlarged on
bail.
10. Learned counsel for the State raised no objection.
11. Considering the fact that the petitioner is in custody since
29.09.2024 (i.e. for around six months) out of S.I of one (01) year
and also considering the fact that the petitioner is ready to deposit
Rs. 50,000/- by way of demand draft in the name of O.P No.2, the
petitioner namely Devendra Das is directed to released on
provisional bail for a period of four (04) months from today on
furnishing bail bonds of Rs. 10,000/- with two surities of the like
amount each to the satisfaction of Sri Vikash Kumar Bhagat,
learned Judicial Magistrate, 1st Class, Jamshedpur in connection
with Complaint Case No. 2196 of 2016.
12. However, the petitioner shall file supplementary affidavit
regarding deposit of Rs. 50,000/- by way of demand draft in the
name of O.P No.2 before the learned Court below, before this
Court.
13. Thus, I.A. No. 12670 of 2024 is allowed and stands
disposed of.
14. Issue notice to O.P No. 2 as to why this case 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
under ordinary process must be filed by day after tomorrow.
15. Call for the scanned copy of the Trial Court Records as
well as records of the learned Appellate Court..
16. Put up this case on 7th April 2025.
17. In the meantime, it will also be open to the learned
counsel for the petitioner to send notice in this case upon O.P
No.2 by e-mail also.
(Sanjay Prasad, J.)
Avinash/
