Jharkhand High Court
Abdul Akbar Aged 46 Years S/O Abdul Rauf vs The State Of Jharkhand on 27 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 315 of 2025
....
Abdul Akbar aged 46 years S/o Abdul Rauf, R/o Churi Tola,
Near Masjid PS- Kanke, PO- Kanke, Dist.- Ranchi, Jharkhand
......Petitioner
Versus
1. The State of Jharkhand
2. Binod Kumar Singh S/o Dharichan Singh R/o -H.N. 41 Near
Asha Shri Garden, PS- Bariyatu, PO- Bariyatu, Dist. Ranchi,
Jharkhand ...... Opp. Parties.
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Anil Kumar Ganjhu, Advocate
For the State : Mr. Ajay Kumar Pathak, APP
For the O. P. No. 2 : Mr. Shoi Narayan Singh, Advocate
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03/27.03.2025 The present Criminal Revision has been filed by the
petitioner challenging the judgment dated 26.11.2024 passed in
Criminal Appeal No. 309 of 2024 by Sri Diwakar Pandey,
learned Judicial Commissioner, Ranchi by which learned
Judicial Commissioner, Ranchi has dismissed the Criminal
Appeal No. 309 of 2024 by affirming the judgment of
conviction and order of sentence dated 09.08.2024 passed by
Ms. Archana Mishra, learned Judicial Magistrate, 1st Class,
XXV, Ranchi in connection with C. C. No. 4803 of 2023
corresponding to T. R. No. 1139 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 a period of six (6)
months and further directed to pay Rs. 22,00,000/- to the
complainant as compensation under Section 357(3) of the CrPC.
2. The instant I. A. No. 3711 of 2025 has been filed on
behalf of the petitioner for suspension of sentence and for grant
of bail during pendency of the present Criminal Revision and
I. A. No. 3740 of 2025 has been filed by way of a joint
compromise petition.
3. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
4. It is submitted by the learned counsel for the petitioner
that the impugned judgement 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 there are two
cases pending between the petitioner and the opposite party
no. 2 and for which Cr. Revision No. 315 of 2025 and
Cr. Revision No. 318 of 2025 have been filed for the
compensation amount of Rs. 22.00 Lakh and Rs. 22.00 Lakh
respectively i.e. total Rs. 44.00 Lakh (Rupees Forty Four Lakh)
and both the cases have been compromised. It is submitted that
the case has been compromised between the petitioner and
opposite party no. 2 and they have filed a joint compromise
petition by way of I. A. No. 3740 of 2025 on 24.03.2025 and
also the I. A. No. 3739 of 2025 on 24.03.2025 and the petitioner
has deposited Rs. 10,00,000/- in the Bank Account of the
opposite party no. 2, Binod Kumar Singh on 17.03.2025 and
for the payment of remaining amount of Rs. 34,00,000/-, three
post dated cheques have been issued in the name of the
opposite party no. 2 bearing Cheque No. 050293 dated
28.05.2025 of Central Bank of India of Rs. 12,00,000/-, Cheque
No. 050294 dated 10.07.2025 of Central Bank of India of
Rs. 10,00,000/- and Cheque No. 050295 dated 25.09.2025 of
Central Bank of India of Rs. 12,00,000/- respectively and have
enclosed the photocopies of the post dated cheques in I. A. No.
3740 of 2025 and I. A. No. 3739 of 2025. It is submitted that the
petitioner is in custody since 02.02.2025 and as such, he may be
enlarged on bail.
5. No objection raised by the learned counsel for the State.
6. Learned counsel for the opposite party no. 2 has also
raised no objection and has admitted the factum of compromise
and for having received Rs. 10.00 Lakh from the petitioner on
17.03.2025. It is further submitted that he has no objection if
petitioner is released on bail.
7. Heard learned counsels for both the sides,
8. It appears that both the parties are known to each other.
9. It further appears that the case has been compromised
between the petitioner and opposite party no. 2.
10. It further appears that the petitioner has deposited Rs.
10,00,000/- in the Bank Account of the opposite party no. 2,
Binod Kumar Singh on 17.03.2025 and the petitioner will pay
the remaining amount of Rs. 34,00,000/- through three post
dated cheques and which were issued in the name of the
opposite party no. 2 being Cheque No. 050293 dated
28.05.2025 of Central Bank of India of Rs. 12,00,000/-, Cheque
No. 050294 dated 10.07.2025 of Central Bank of India of Rs.
10,00,000/- and Cheque No. 050295 dated 25.09.2025 of
Central Bank of India of Rs. 12,00,000/- respectively and have
enclosed the photocopies of the post dated cheques in I. A. No.
3740 of 2025.
11. However, this Court is of the view that payment by way
of post dated cheques is understanding between the petitioner
and opposite party no. 2 only.
12. It appears that part payment has been paid to the
opposite party no. 2 till date and the opposite party no. 2, Binod
Kumar Singh is also present in Court today.
13. It further appears that the petitioner is in custody since
02.02.2025.
14. Considering the facts and in the circumstances of the
case and the fact that the case has been compromised between
the petitioner and the opposite party no. 2, during pendency of
this Criminal Revision, the petitioner namely Abdul Akbar is
directed to be released on Provisional Bail for Six (06) Months
from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Ms. Archana Mishra, learned Judicial Magistrate,
1st Class, XXV, Ranchi/or her Successor Court in connection
with C. C. No. 4803 of 2023 corresponding to T. R. No. 1139 of
2024.
15. Thus, I. A. No. 3711 of 2025 is allowed and stands
disposed of.
16. Call for the scanned copy of the Lower Court Records.
17. Put up this case on 25.06.2025 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
